United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

August 12, 2002

Before

Honorable JOEL M. FLAUM, Chief Judge

Honorable WILLIAM J. BAUER, Circuit Judge

Honorable KENNETH F. RIPPLE, Circuit Judge

No. 01-4304

EBY - BROWN COMPANY LLC, ] Appeal from the United States Plaintiff-Appellant, ] District Court for the ] Western District of Wisconsin. v. ] ] No. 3:00-C-0718-C WISCONSIN DEPARTMENT OF AGRICULTURE , ] TRADE AND CONSUMER PROTECTION AND ] Barbara B. Crabb, ITS SECRETARY , JAMES HARSDORF , ] Chief Judge. Defendants-Appellees. ] ]

ORDER

The opinion issued by this court on July 8, 2002 is amended as follows. On the fourth page of the opinion, the fourth sentence of the first paragraph shall be modified to read as follows:

Since January of 1994, the state of Wisconsin has received over one hundred complaints that distributors were selling tobacco at a statutorily proscribed cost.

On consideration of the petition for rehearing filed on July 19, 2002 by plaintiff-appellant, all of the judges on the original panel have voted to deny the petition for rehearing. Accordingly,

IT IS HEREBY ORDERED that the petition for rehearing be, and the same is, hereby DENIED.