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DEAN FOODS CO. v. BRANCEL

No. 96-C-0875-C.

22 F.Supp.2d 931 (1998)

DEAN FOODS COMPANY, Plaintiff, v. Ben BRANCEL, Secretary of the Wisconsin Department of Agriculture, Trade and Consumer Protection, Defendant.

United States District Court, W.D. Wisconsin.

September 30, 1998.

Attorney(s) appearing for the Case

William M. Conley, Foley & Lardner, Madison WI, for Plaintiff.

Susan K. Ullman, Assistant Attorney General, Madison WI, for Defendant.

OPINION AND ORDER

CRABB, District Judge.

Plaintiff Dean Foods Company, an Illinois milk processor, seeks declaratory and injunctive relief preventing defendant Ben Brancel from applying Wisconsin administrative rules regulating milk processors to purchases of Wisconsin milk that take place out of state. Suing under 42 U.S.C. § 1983, plaintiff contends that the United States Constitution's commerce clause bars defendant from trying to stop plaintiff...

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