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EBY-BROWN CO. v. WISCONSIN DEPT. OF AGR.

No. 00-C-0718-C.

213 F.Supp.2d 993 (2001)

EBY-BROWN COMPANY LLC, Plaintiff, v. WISCONSIN DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION and its Secretary, James Harsdorf, Defendants.

United States District Court, W.D. Wisconsin.

November 20, 2001.

Attorney(s) appearing for the Case

David J. Cannon, Milwaukee, WI, for plaintiff.

Stephen J. Nicks, Assistant Attorney General, Madison, WI, for Brancel, Ben, Wisconsin Department of Agriculture, Trade and Consumer Protection, Stephen A. Ditullio Dewitt, Ross & Stevens, Madison, WI, Wisconsin Association of Distributors, Inc.

OPINION AND ORDER

CRABB, Chief Judge.

This is a civil action for declaratory and injunctive relief. Plaintiff Eby-Brown Company LLC, a wholesale, licensed distributor of tobacco products, challenges Wisconsin's Unfair Sales Act, Wis.Stat. § 100.30, which regulates the minimum price distributors and retailers can charge for products, including cigarettes. Plaintiff is seeking a declaration that the Act...

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