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AMERICAN CAN CO. v. OR. LIQUOR CONTROL COM'N

517 P.2d 691 (1973)

AMERICAN CAN COMPANY, a New Jersey Corporation et al., Appellants, v. OREGON LIQUOR CONTROL COMMISSION ET AL., Respondents. Northwestern Glass Company, a Division of Indian Head, Inc., a Delaware Corporation et al., Intervenors-Appellants.

Court of Appeals of Oregon.

Decided December 17, 1973.

Rehearing Denied January 23, 1974.

Review Denied February 20, 1974.

Attorney(s) appearing for the Case

George L. Wagner, Portland, argued the cause for appellants. With him on the briefs were Dezendorf, Spears, Lubersky & Campbell, Portland, and Chadwell, Kayser, Ruggles, McGee, Hastings & McKinney, and C. Lee Cook, Jr., Chicago, Ill.

Philip B. Kurland, Chicago, Ill., argued the cause for intervenors-appellants. With him on the briefs were Miller, Anderson, Nash, Yerke & Wiener, and Fredric A. Yerke, Jr., Portland, Fuller, Henry, Hodge & Snyder, Fred E. Fuller and William W. Sadd, Toledo, Ohio, Alexander M. Bickel, New Haven, Conn., and Gerald Gunther, Stanford, Cal.

Lee Johnson, Atty. Gen., Salem, argued the cause for respondents. With him on the brief were John W. Osburn, Sol. Gen., and John B. Leahy, Asst. Atty. Gen., Salem.

John E. Bryson, Palo Alto, Cal., Thomas C. Grey, Portola Valley, Cal., and William N. Gross and Anderson, Hall, Lowthian & Gross, Portland, filed a brief for Natural Resources Defense Council, Inc., and People's Lobby Against Non-Returnables as amici curiae.

Hans A. Linde, Eugene, filed a brief for Oregon Environmental Council as amicus curiae.

Before SCHWAB, C.J., and FORT and TANZER, JJ.

TANZER, Judge.

This is an appeal from a circuit court decree declaring that Oregon's so-called bottle bill, ORS 459.810-459.890, is valid and denying plaintiffs' and intervenors' application for injunctive relief against the enforcement of the law. Plaintiffs are (a) manufacturers of cans who supply the beer and soft drink industries, (b) brewers who brew and package beer in California and Arizona which is shipped to and sold in Oregon, (c) out-of-state soft drink...

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