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EX PARTE HOOVER, INC.

1040969.

956 So.2d 1149 (2006)

Ex parte HOOVER, INC. (In re State of Alabama Department of Revenue v. Hoover, Inc.).

Supreme Court of Alabama.

April 28, 2006.

Attorney(s) appearing for the Case

Blake A. Madison and David E. Rains of Tanner & Guin, LLC, Tuscaloosa; and Bruce P. Ely of Bradley Arant Rose & White, LLP, Birmingham, for petitioner.

Troy King, atty. gen.; Henry C. Chappell, deputy atty. gen., and chief counsel, Department of Revenue; and Margaret Johnson McNeill and J. Wade Hope, asst. attys. gen. and asst. counsel, Department of Revenue, for respondent.

NABERS, Chief Justice.

The Commerce Clause of the United States Constitution states that "[t]he Congress shall have power . . . [t]o regulate commerce . . . among the several states. . . ." U.S. Const., Art. I, § 8, cl. 3. Notably absent from this text is any explicit prohibition on state regulation of interstate commercial activity. Nonetheless, the United States Supreme Court, in what is referred to as its "dormant" or "negative" Commerce Clause jurisprudence...

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