FEDERAL DISTILLERS, INC. v. STATE

Nos. 44831, 44837, 44844, 44832-44834.

229 N.W.2d 144 (1975)

FEDERAL DISTILLERS, INC., et al., Respondents-Appellants, v. STATE of Minnesota and Joseph Novak, Liquor Control Commissioner of Minnesota, Respondents, Ed Phillips & Sons Co., Intervenor, Appellant-Respondent, Griggs, Cooper & Co., Inc., Intervenor, Respondent-Appellant, Raymond Distributing Co., Inc., Intervenor, Respondent. and OLD PEORIA COMPANY, INC., Heaven Hill Distilleries, Inc., and National Distillers & Chemical Corporation, Appellants, v. Joseph NOVAK, Liquor Control Commissioner of Minnesota, Respondent.

Supreme Court of Minnesota.

Rehearing Denied June 2, 1975.


Attorney(s) appearing for the Case

Maslon, Kaplan, Edelman, Borman, Brand & McNulty, Hyman Edelman, Irving R. Brand and Joann N. Lynch, Minneapolis, for Phillips & Sons Co. and Old Peoria Co., and others.

Shanedling, Phillips, Gross & Aaron, and Felix M. Phillips, Minneapolis, for Fed. Distillers, Inc., and others.

Maun, Hazel, Green, Hayes, Simon & Aretz and William J. Hassing, James A. Gallagher and Richard M. Gaalswyk, St. Paul (Griggs Cooper & Co.), for respondents-appellants.

Warren Spannaus, Atty. Gen., Peter W. Sipkins, Sol. Gen., Kenneth E. Raschke, Jr., and Thomas H. Jensen, Spec. Asst. Atty. Gen., St. Paul, for State and others.

Shear & Rooney, St. Paul, for Raymond Dist. Co.

Considered and decided by the court en banc.


ROGOSHESKE, Justice.

These appeals challenge the constitutionality of L.1973, c. 664, § 2, now coded as Minn.St. 340.114, an amendment to Minnesota's Intoxicating Liquor Act requiring all licensed importers (distillers) of liquor to offer their products for sale to all Minnesota liquor wholesalers on an equal basis.1 The court below found the statute constitutional in all respects. As we find c. 664 to be a valid exercise of the state...

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