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15-761 - LEGATO VAPORS LLC et al, v. COOK, et al.


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15-761 - LEGATO VAPORS LLC et al, v. COOK, et al.
June 30, 2016
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ORDER ON PENDING MOTIONS - The reasons stated herein, we hold that the Act does not violate the Dormant Commerce Clause, Equal Protection Clause, or Indiana Constitution. We DENY Petitioners' Motion for Summary Judgment Dkt. No. 56. We GRANT Respondents' Cross-Motion for Summary Judgment. Dkt. No. 70 Because Petitioners' Motion for Preliminary Injunction raises the same issues as their Motion for Summary Judgment and was conditioned on a finding that the Act is unconstitutional (which we did not find), we DENY Petitioners' Motion for Preliminary Injunction Dkt. No. 55 as MOOT. Denying as moot 93 Motion to Intervene; denying as moot 97 to Join in Motion to Intervene. Final judgment shall enter accordingly. Signed by Judge Sarah Evans Barker on 6/30/2016. (CKM)