New State Ice Co. v. Liebmann
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| New State Ice Co. v. Liebmann | ||||||||||||
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| Supreme Court of the United States | ||||||||||||
| Argued February 19, 1932 Decided March 21, 1932 |
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| Holding | ||||||||||||
| Court membership | ||||||||||||
| Chief Justice: Charles Evans Hughes Associate Justices: Willis Van Devanter, James Clark McReynolds, Louis Brandeis, George Sutherland, Pierce Butler, Harlan Fiske Stone, Owen Josephus Roberts |
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| Case opinions | ||||||||||||
| Majority by: Sutherland Dissent by: Brandeis Joined by: Stone |
New State Ice Co. v. Liebmann, 285 U.S. 262 (1932),[1] 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 in reaching their conclusion that a license is not necessary where existing businesses are "sufficient to meet the public needs therein".[2] 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.
[edit] See also
[edit] References
- ^ 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.

