Holiday Magic v. Warren, 497 F.2d 687 (1974)

Holiday Magic v. Warren


The Court of Appeals held that the District court judge impermissibly ruled on the validity of Holiday Magic's constitutional claims, and should have instead deferred those questions to a three-judge panel. Holiday Magic challenged the Wisconsin Department of Agriculture's general order prohibiting chain distributor programs as unfair trade practices. Holiday Magic claimed that the order violated their constitutionally protected rights of speech and association. The Court of Appeals sided with Holiday Magic by ruling that constitutional questions like those asserted in the complaint, should be heard by a three judge panel instead of a single judge. The court did not rule on the merits of the complaint.

Full case and case summary are also available at:

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Federal, 7th Circuit, Wisconsin | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Babener & Associates | Attorney Advertising

Written by:


Babener & Associates on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.