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BUY-4-LESS DRUG SYSTEM, INC. v. AMERICAN DISTILLING CO.

Civ. A. No. 6464.

207 F.Supp. 391 (1962)

BUY-4-LESS DRUG SYSTEM, INC., a corporation, et al., Plaintiffs, v. The AMERICAN DISTILLING COMPANY, a corporation, et al., Defendants.

United States District Court D. Colorado.

April 26, 1962.

Attorney(s) appearing for the Case

Creamer & Creamer, and Harold J. Spitzer, Denver, Colo., for plaintiffs.

Hodges, Silverstein, Hodges & Harrington, Denver, Colo., for defendant National Distillers & Chemical Corp.

Tull, Hays & Thompson, Denver, Colo., for defendant Canada Dry Corp.

McComb, Zarlengo & Mott, Denver, Colo., for defendant Western Distributing Co.

Holme, Roberts, More & Owen, Denver, Colo., for defendant James B. Beam Distilling Co.

Rothgerber, Appel & Powers, Denver, Colo., for defendant Garrett & Co., Inc.

Edison & Berman, Denver, Colo., for defendant The American Distilling Co.

Winner, Berge & Martin, Denver, Colo., for defendant Mogen David Wine Corp.

ARRAJ, Chief Judge.

This matter is before the Court for determination of the following question:

"Is the obtaining of a wholesale liquor license from the State of Colorado, pursuant to CRS (1953) 75-2-18, in itself `licensed to do business' within the meaning of 28 U.S.C. 1391 (c) or `transacting business' as contemplated by Section 12 of the Clayton Act (15 U.S.C. 22)?"

The question arises in connection...

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