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T.J. HARTNETT BEVERAGE CO v. ALCOHOLIC BEVERAGES CTRL.

350 Mass. 619 (1966)

216 N.E.2d 108

T.J. HARTNETT BEVERAGE COMPANY, INC. vs. ALCOHOLIC BEVERAGES CONTROL COMMISSION & another.

Supreme Judicial Court of Massachusetts, Middlesex.

April 25, 1966.

Attorney(s) appearing for the Case

David Lee Turner, Assistant Attorney General, for Alcoholic Beverages Control Commission (John J. Campbell, for Cambridge Package Stores Association, amicus curiae, with him).

Arthur M. Gilman (Chester C. Paris with him) for the petitioner.

Present: WILKINS, C.J., SPALDING, CUTTER, SPIEGEL, & REARDON, JJ.

SPALDING, J.

This is a petition for review brought under G.L.c. 30A, § 14, by T.J. Hartnett Beverage Company, Inc. (Hartnett), a package store licensee in Cambridge, against the Alcoholic Beverages Control Commission (ABC). Hartnett was charged by the Cambridge licensing commission with having sold bottles of liquor on December 22, 1964, at prices below those stated on its current posted price list in violation of G.L.c. 138, § 15. After a hearing, the Cambridge...

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