BARCO BEVERAGE Corporation, et al., Appellants (Plaintiffs),
v.
INDIANA ALCOHOLIC BEVERAGE COMMISSION, et al., Appellees (Defendants).
Court of Appeals of Indiana, Second District.https://leagle.com/images/logo.png
May 14, 1991.
May 14, 1991.
Attorney(s) appearing for the Case
Phillip A. Terry, Brian K. Peters, McHale, Cook & Welch, P.C., Indianapolis, for appellants.
Linley E. Pearson, Atty. Gen., Frank Baldwin, Deputy Atty. Gen., Indianapolis, for Indiana Alcoholic Beverage Com'n.
Phillip J. Ripani, David J. Bodle, Henderson, Daily, Withrow & Devoe, Indianapolis, for Indiana Liquor Stores Ass'n, Inc., Indiana Retail Council, Inc., BeerMart, Inc., Beerco, Inc., and Kebe Enterprises, Inc.
Charles E. Bruess, Stanley C. Fickle, Michael A. Klein, Barnes & Thornburg, Indianapolis, for Anheuser-Busch, Inc.
Edward W. Harris, III, Sommer & Barnard, Indianapolis, Thomas H. Milch, Arnold & Porter, Washington, D.C., for Miller Brewing Co.
Court of Appeals of Indiana, Second District.
BUCHANAN, Judge.
ON REHEARING
In our original opinion, appearing as Barco Beverage Corp. v. Ind. Alcoholic Beverage Comm'n (1990), Ind. App., 563 N.E.2d 658, we upheld in part Rule 28, promulgated by the Ind. Alcoholic Beverage Commission (the Commission), which prohibited producers and wholesalers of alcoholic beverages from agreeing to territorial limitations on the distribution of their products. We sustained...
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