COSTCO WHOLESALE CORPORATION, a Washington corporation, Plaintiff-Appellee,
v.
Norm MALENG, Defendant,
Washington Beer & Wine Wholesalers Association, Defendant-Intervenor, and
Roger Hoen; Vera Ing; Merritt D. Long, in their official capacities as members of the Washington State Liquor Control Board, Defendants-Appellants.
Costco Wholesale Corporation, a Washington corporation, Plaintiff-Appellee,
v.
Norm Maleng; Roger Hoen; Vera Ing; Merritt D. Long, in their official capacities as members of the Washington State Liquor Control Board, Defendants, and
Washington Beer & Wine Wholesalers Association, Defendant-Intervenor-Appellant.
Costco Wholesale Corporation, a Washington corporation, Plaintiff-Appellant,
v.
Norm Maleng, Defendant, and
Roger Hoen; Vera Ing; Merritt D. Long, in their official capacities as members of the Washington State Liquor Control Board, Defendants-Appellees,
Washington Beer & Wine Wholesalers Association, Defendant-Intervenor-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted March 8, 2007.
Filed January 29, 2008.
Amended April 1, 2008.
Attorney(s) appearing for the Case
David J. Burman, Perkins Coie, LLP, Seattle, WA, argued the cause and filed briefs on behalf of Costco Wholesale Corporation. Also on the briefs were Michael Sandler, Shyla R. Alfonso, Kenneth Morissette Jr., and Jeffrey M. Hanson.
Martha P. Lantz, Assistant Attorney General, State of Washington, Tumwater, WA, argued the cause and filed briefs on behalf of Roger Hoen, et al. and the State of Washington. Also on the briefs were Rob McKenna, Attorney General, State of Washington, and David M. Hankins, Assistant Attorney General, State of Washington.
John C. Guadnola, Malanca, Peterson & Daheim LLP, Tacoma, WA, argued the cause and filed briefs on behalf of the defendant-intervenors, Washington Beer and Wine Wholesalers Association. Also on the briefs were J. Bradley Buckhalter, Andrea H. McNeely and Paul R. Romain.
Amicus Curiae Briefs were filed by:
Korean-American Grocers Ass'n (In support of Appellants): John D. Wilson & Alfred E. Donohue, Seattle, WA.
Washington Food Industry & Northwest Grocery Ass'n (In support of Appellee): Daniel A. Malone, Tacoma, WA.
American Beverage Licensees Ass'n (In support of Appellants): Anthony S. Kogut, East Lansing, MI.
The State of Oregon (In support of Appellants): Hardy Myers, Attorney General, State of Oregon, Mary H. Williams, Solicitor General, State of Oregon & Paul L. Smith, Assistant Attorney General, State of Oregon, Salem, OR.
The Beer Institute (In support of Appellants): Arthur J. Decelle, Washington, DC, Anne Kimball & Sarah Olson, Chicago, IL, and Christopher W. Tompkins, Seattle, WA.
Washington Restaurant Ass'n (In support of Appellee): Peter Danelo & Justo Gonzales, Seattle, WA.
National Alcohol Beverage Control Ass'n Inc. (In support of Appellants): James M. Goldberg, Washington, DC.
National Beer Wholesalers Ass'n & Wine and Spirits Wholesalers of America (In support of Appellants): Michael Madigan & Katherine Becker, Minneapolis, MN.
The State of Ohio and 22 other states (In support of Appellants): Jim Petro, Attorney General, State of Ohio, Peter M. Thomas, Senior Deputy Attorney General, State of Ohio & Todd R. Marti, Assistant Solicitor, State of Ohio, Columbus, OH.
Before: DIARMUID F. O'SCANNLAIN, A. WALLACE TASHIMA, and MARSHA S. BERZON, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
ORDER
The opinion filed on January 29, 2008 is amended as follows:
At Slip Op. p. 1426, line 5-9, replace <includes a severability provision. See RCW 66.28.090. That section provides: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." Id. > with <has explicitly allowed for severability...
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