New State Ice Co. v. Liebmann
|New State Ice Co. v. Liebmann|
|Argued February 19, 1932
Decided March 21, 1932
|Full case name||'|
|Citations||285 U.S. 262 (more)|
|Prior history||District Court for the Western District of Oklahoma dismissed the New State Ice Co.'s complaint for lack of equity, 42 F.(2d) 913; Court of Appeals affirmed, 52 F.(2d) 349; cert. granted.|
|Dissent||Brandeis, joined by Stone|
New State Ice Co. v. Liebmann, 285 U.S. 262 (1932), was a case in which the Supreme Court of the United States held that due process prevented a state legislature from arbitrarily creating restrictions on new businesses only on the claim that their markets affected a public use.
The New State Ice Company had brought suit against Liebmann to prevent him from selling ice without a license.
The lower courts had relied on Frost v. Corporation Commission 278 U.S. 515 (1929) in reaching their conclusion that a license is not necessary where existing businesses are "sufficient to meet the public needs therein."
The Supreme Court distinguished Frost as concerned with businesses that grind grain, a public interest key to feeding the population that is not comparable to the ice market.
Justice Brandeis dissented from the court's opinion, saying that federalism allows that "a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country..."
|Wikisource has original text related to this article:|
- 285 U.S. 262 Full text of the opinion courtesy of Findlaw.com.
- 285 U.S. 262, 272, citing Oklahoma law, 147, Session Laws 1925, Sec. 3.
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