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ALLIED PROPERTIES v. DEPT. OF ALCOHOLIC BEVERAGE CTRL.

Docket No. S.F. 20236.

53 Cal.2d 141 (1959)

346 P.2d 737

ALLIED PROPERTIES (a Corporation), Respondent, v. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL OF THE STATE OF CALIFORNIA, Appellant.

Supreme Court of California. In Bank.

November 30, 1959.

Attorney(s) appearing for the Case

Edmund G. Brown and Stanley Mosk, Attorneys General, and Charles A. Barrett, Deputy Attorney General, for Appellant.

Brobeck, Phleger & Harrison, Hart H. Spiegel, Robert J. Drewes, Pillsbury, Madison & Sutro, John A. Sutro, Noble K. Gregory, Allan N. Littman, Heller, Ehrman, White & McAuliffe, George A. Blackstone, J. Albert Hutchinson, Emmett E. Doherty, Arden & Arden, Athearn, Chandler & Hoffman, Walter Hoffman and Clark W. Maser as Amici Curiae on behalf of Appellant.

Steinhart, Goldberg, Feigenbaum & Lader, John H. Steinhart and Marc M. Monheimer for Respondent.

M. Mitchell Bourquin, George Olshausen, Samuels, Jacobs & Sills and William K. Coblentz as Amici Curiae on behalf of Respondent.

GIBSON, C.J.

Allied Properties was accused of violating sections 55.5, 55.6 and 55.65 of the Alcoholic Beverage Control Act and rule 99 of the State Board of Equalization by advertising and offering to sell at retail distilled spirits and wines at prices less than the minimum resale prices provided for by fair trade contracts filed with the board.1 (Subsequently the Department of Alcoholic Beverage Control became the constitutional successor...

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