ORLANDELLA GROCERY v. ALCOHOLIC BEVERAGES CTRL. COMMN.


357 Mass. 473 (1970)

258 N.E.2d 739

ORLANDELLA GROCERY COMPANY, INC. vs. ALCOHOLIC BEVERAGES CONTROL COMMISSION (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

May 8, 1970.


Attorney(s) appearing for the Case

Charles M. MacPhee, Assistant Attorney General (Walter H. Mayo, III, Assistant Attorney General, with him), for the Alcoholic Beverages Control Commission.

James W. Kelleher for Orlandella Grocery Company, Inc.

Julius H. Soble for Enterprise Liquor Store, Inc.

Present: WILKINS, C.J., SPALDING, KIRK, REARDON, & QUIRICO, JJ.


SPALDING, J.

These are two petitions for review brought under G.L.c. 30A, § 14, by package store licensees against the Alcoholic Beverages Control Commission (ABC). The ABC had found violations of G.L.c. 138, § 15, and suspended their licenses. The Superior Court quashed the decisions of the ABC, and the ABC appealed.

In both cases it was established that the petitioners had sold alcoholic beverages at a price below that posted on the shelf. According...

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