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S&M Brands, Inc. v. Caldwell

Certiorari Denied

Petition for certiorari denied on March 7, 2011.

Docket No.10-622
Op. Below5th Circuit

Issue

(1) Whether a binding agreement among multiple states and private companies is immunized from antitrust scrutiny under the state-action immunity doctrine of Parker v. Brown (1943); and (2) whether a binding agreement among multiple states, with both intra- and interstate effects, violates the Compact Clause, Article I, § 10, cl. 3 of the United States Constitution, in the absence of congressional approval.

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