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Constitutional Law Keyed to Cohen
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New Energy Co. of Indiana v. Limbach
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Ohio gave a tax credit for ethanol produced in Ohio or in a state that granted a similar tax advantage to ethanol produced in Ohio. New Energy was located in Indiana. Indiana repealed its tax exemption for ethanol. Because of Ohio’s reciprocity provision, New Energy lost the tax credit in Ohio. New Energy appealed to the United States Supreme Court after losing in the Ohio Supreme Court.
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