Eby-Brown Co LLC v. WI Dept Agricul, (7th Cir. 2002)
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United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
August 12, 2002
Before
Honorable JOEL M. FLAUM, Chief Judge
Honorable WILLIAM J. BAUER, Circuit Judge
Honorable KENNETH F. RIPPLE, Circuit Judge
No. 01-4304
EBY- BROWN COMPANY LLC, ] Appeal from the United States
Plaintiff-Appellant, ] District Court for the
] Western District of Wisconsin.
v. ]
] No. 3:00-C-0718-C
WISCONSIN DEPARTMENT OF AGRICULTURE, ]
TRADE AND CONSUMER PROTECTION AND ] Barbara B. Crabb,
ITS SECRETARY, JAMES HARSDORF, ] Chief Judge.
Defendants-Appellees. ]
]
O R D E R The opinion issued by this court on July 8, 2002 is amended as follows. On the fourth page of the opinion, the fourth sentence of the first paragraph shall be modified to read as follows: Since January of 1994, the state of Wisconsin has received over one hundred complaints that distributors were selling tobacco at a statutorily proscribed cost. On consideration of the petition for rehearing filed on July 19, 2002 by plaintiff-appellant, all of the judges on the original panel have voted to deny the petition for rehearing. Accordingly, IT IS HEREBY ORDERED that the petition for rehearing be, and the same is, hereby DENIED.
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