For Your Data Dean Milk Co. V. Metropolis Of Madison, Wisconsin
August 12, 2020
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Dean Milk Co. v. City of Madison, Wisconsin illustration brief summary
340 U.S. 349 (1951)
CASE FACTS
The corporation was denied a license to sell its products inside the metropolis based upon the fact that the corporation's pasteurization plants were to a greater extent than than 5 miles away from the city, every bit mandated past times Madison, Wis., Gen. Ordinances § 7.21 (1949).
DISCUSSION
The Court reversed the determination of the lower court, vacated the lower court's judgment on the upshot of the five-mile provision, too remanded the illustration for farther proceedings amongst honour to the ordinance containing the 25-mile inspection provision.
340 U.S. 349 (1951)
CASE SYNOPSIS
Appellant, an Illinois milk distributing corporation, brought adapt against appellee, the City of Madison, Wisconsin, seeking to accept Madison, Wis., Gen. Ordinances §§ 7.11 too 7.21 (1949), which regulated the sale of milk, declared unconstitutional. The Supreme Court of Wisconsin affirmed the constitutionality of the ordinances. The corporation sought review.Baca Juga
CASE FACTS
The corporation was denied a license to sell its products inside the metropolis based upon the fact that the corporation's pasteurization plants were to a greater extent than than 5 miles away from the city, every bit mandated past times Madison, Wis., Gen. Ordinances § 7.21 (1949).
DISCUSSION
- The Court constitute that, nether the Commerce Clause, §7.21 imposed an undue burden on interstate commerce because the ordinance excluded from distribution inwards the metropolis wholesale milk produced too pasteurized inwards an adjoining state.
- The Court likewise constitute that the metropolis had created an economical barrier protecting a major local manufacture against contest from exterior the state, evidently discriminating against interstate commerce.
- Furthermore, reasonable too adequate wellness criterion alternatives were available.
- Accordingly, the Court held that §7.21 violated the Commerce Clause.
- Because the state supreme courtroom had constitute it unnecessary to perish on the validity of the course of education 25-mile inspection limitation inwards Madison, §7.11, the Court remanded for farther proceedings.
The Court reversed the determination of the lower court, vacated the lower court's judgment on the upshot of the five-mile provision, too remanded the illustration for farther proceedings amongst honour to the ordinance containing the 25-mile inspection provision.
