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IDLEWILD BON VOYAGE LIQUOR CORPORATION v. ROHAN

Docket 26654.

289 F.2d 426 (1961)

IDLEWILD BON VOYAGE LIQUOR CORPORATION, Plaintiff-Appellant, v. Thomas E. ROHAN, Martin C. Epstein, William H. Morgan, Grant F. Daniels and Samuel M. Birnbaum, being the Chairman, Members and Commissioners of the State Liquor Authority of the State of New York, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided April 14, 1961.

Attorney(s) appearing for the Case

Kelly & Schwartz, New York City (Breed, Abbott & Morgan, Charles H. Tuttle, John F. Kelly, Stoddard B. Colby, Stuart H. Johnson, Jr., New York City, of counsel), for plaintiff-appellant.

Louis J. Lefkowitz, Atty. Gen., of the State of New York (Philip Watson, Asst. Atty. Gen., of counsel), for defendants-appellees.

Before LUMBARD, Chief Judge, MADDEN, Judge, United States Court of Claims, and WATERMAN, Circuit Judge.

WATERMAN, Circuit Judge.

Plaintiff filed a complaint against the defendants, members of the State Liquor Authority of the State of New York. It sought declaratory and injunctive relief from actions taken by them pursuant to the New York Alcoholic Beverage Control Law of the State of New York § 3, subd. 28, §§ 62 and 100. Plaintiff alleges that defendants' activities were unconstitutional under the U. S. Constitution, being repugnant to (a) the commerce...

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