DEAN MILK CO. V. CITY OF MADISON
340 U.S. 349 (1951)
NATURE OF THE CASE: This is an appeal of state courts' decision upholding a city
ordinance against a commerce clause attack.
FACTS: A Madison, Wisconsin (D) ordinance barred the sale of pasteurized milk unless it
had been processed and bottled at an approved pasteurization plant within five miles of the
central square of Madison. Within that five-mile area were five processing plants, only
three of which did business in Madison. Raw milk production in the county where Madison is
located was 10 times Madison's requirements. Dean Milk (P) was based in Illinois and bought
its milk from farms in northern Illinois and southern Wisconsin, and pasteurized it at its
two Illinois plants, 65 and 85 miles from Madison. Dean Milk was denied a license to sell
its products in Madison solely because its plants were more than five miles away. Dean
Milk's farms and plants were licensed and inspected by Chicago public health authorities.
The highest state court rejected Dean Milk's commerce clause attack.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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