BYRD v. TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION

Case No. 3:16-cv-02738.

CLAYTON BYRD in his official capacity as Executive Director of the TENNESSEE ALCOHOLIC BEVERAGE COMMISSION, et al., Plaintiffs, v. TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION, Defendant.

United States District Court, M.D. Tennessee, Nashville Division.

Editors Note
Applicable Law: 28 U.S.C. § 1441
Cause: 28 U.S.C. § 1441 Notice of Removal - Commerce / ICC Rates
Nature of Suit: 450 Commerce ICC Rates, Etc.
Source: PACER


Attorney(s) appearing for the Case

Clayton Byrd, Plaintiff, represented by Herbert H. Slatery, III , Tennessee Attorney General's Office.

Clayton Byrd, Plaintiff, represented by Linda D. Kirklen , Tennessee Attorney General's Office & Scott C. Sutherland , Tennessee Attorney General's Office.

Tennessee Fine Wines and Spirits, LLC, Plaintiff, represented by Edward M. Yarbrough , Bone, McAllester & Norton, PLLC, J. Alex Little , Bone, McAllester & Norton, PLLC & Walter Justin Adams , Bone, McAllester & Norton, PLLC.

Affluere Investments, Inc., Plaintiff, represented by Keith C. Dennen , Dickinson Wright PLLC.

Tennessee Wine and Spirits Retailers Association, Defendant, represented by Darrell G. Townsend , Howell & Fisher, PLLC, John J. Griffin, Jr. , Kay, Griffin, Enkema & Colbert, PLLC, Nina M. Eiler , Kay, Griffin, Enkema & Colbert, PLLC & Richard Lee Colbert , Kay, Griffin, Enkema & Colbert, PLLC.

Affluere Investments, Inc., Counter Plaintiff, represented by Keith C. Dennen , Dickinson Wright PLLC.

Clayton Byrd, Counter Defendant, represented by Herbert H. Slatery, III , Tennessee Attorney General's Office, Linda D. Kirklen , Tennessee Attorney General's Office & Scott C. Sutherland , Tennessee Attorney General's Office.


ORDER

KEVIN H. SHARP, District Judge.

For the reasons set forth in the Memorandum filed contemporaneously herewith, Plaintiff Tennessee Fine Wines and Spirits, LLC's (d/b/a Total Wine Spirits Beer & More) Motion for Partial Summary Judgment, (Docket No. 55), is hereby GRANTED. The Court declares the residency requirements under Tenn. Code Ann. § 57-3-204 unconstitutional and enjoins their enforcement.

This order shall constitute the judgment in this case pursuant to Fed. R. Civ. P. 58.

It is SO ORDERED.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases