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HEALD v. ENGLER

No. 01-2720.

342 F.3d 517 (2003)

Eleanor HEALD; Ray Heald; John Arundel; Karen Brown; Richard Brown; Bonnie McMinn; Gregory Stein; Michelle Morlan; William Horwath; Margaret Christina; Robert Christina; Trisha Hopkins; Jim Hopkins; Domaine Alfred, Inc., Plaintiffs-Appellants, v. John ENGLER, Governor; Jennifer M. Granholm, Attorney-General; Jacquelyn Stewart, Chairperson, Michigan Liquor Control Commission, in their Official Capacities, Defendants-Appellees, Michigan Wine & Beer Wholesalers Association, Intervening, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed August 28, 2003.

Petition for Rehearing Denied: November 4, 2003.

Attorney(s) appearing for the Case

ARGUED: James A. Tanford, INDIANA UNIVERSITY SCHOOL OF LAW, Bloomington, Indiana, for Appellants.

Donald S. McGehee, OFFICE OF THE ATTORNEY GENERAL, MICHIGAN LIQUOR CONTROL COMMISSION, Lansing, Michigan, Anthony S. Kogut, WILLINGHAM & COTE, East Lansing, Michigan, for Appellees.

ON BRIEF: James A. Tanford, INDIANA UNIVERSITY SCHOOL OF LAW, Bloomington, Indiana, for Appellants.

Irene M. Mead, OFFICE OF THE ATTORNEY GENERAL, MICHIGAN LIQUOR CONTROL COMMISSION, Lansing, Michigan, Anthony S. Kogut, WILLINGHAM & COTE, East Lansing, Michigan, for Appellees.

Louis R. Cohen, WILMER, CUTLER & PICKERING, Washington, D.C., William H. Mellor, Steven M. Simpson, INSTITUTE FOR JUSTICE, Washington, D.C., Clint Bolick, INSTITUTE FOR JUSTICE, Phoenix, Arizona, for Amici Curiae.

Before GUY, BOGGS, and DAUGHTREY, Circuit Judges.

Petition for Rehearing Denied En Banc: November 4, 2003.

Pursuant to Sixth Circuit Rule 206

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

In this civil rights action brought pursuant to 42 U.S.C. § 1983, the plaintiffs raise a constitutional challenge to Michigan's alcohol distribution system, contending that state provisions differentiating between in-state and out-of-state wineries violate the Commerce Clause.1<...

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