RICE v. ALCOHOLIC BEV. ETC. APPEALS BD.

Docket Nos. S.F. 23631, 23632.

21 Cal.3d 431 (1978)

579 P.2d 476

146 Cal. Rptr. 585

BAXTER RICE, as Director, etc., Petitioner, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD, Respondent; CHRISTINE T. CORSETTI et al., Real Parties in Interest. YOUNG'S MARKET COMPANY et al., Petitioners, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD, Respondent; CHRISTINE T. CORSETTI et al., Real Parties in Interest.

Supreme Court of California.

May 30, 1978.


Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, L.S. Porter, Assistant Attorney General, Hal Teasdale and Matthew P. Boyle, Deputy Attorneys General, for Petitioner in No. 23631.

Kurt W. Melchior, Edmund T. King II, Hale Kronenberg, Terry T. Lewis, Lawrence A. Hobel and Severson, Werson, Berk & Melchior as Amici Curiae on behalf of Petitioner in No. 23631.

Ball, Hunt, Hart, Brown & Baerwitz, Joseph A. Ball, Michael J. Maloney and E. Willcox Clarke, Jr., for Petitioners in No. 23632 and as Amici Curiae for Petitioner in No. 23631.

Wright & Thompson, Crispus A. Wright and Leon Thompson as Amici Curiae on behalf of Petitioners.

Floyd R. Mitzner and William D. Figg-Hoblyn for Respondent.

Donald A. Tenenbaum and Allen Ruby for Real Parties in Interest.

Stroock & Stroock & Lavan, Michael M. Umansky, Henry J. Silberberg, Linda T. Abrams, A. Kirk McKenzie, Harry M. Snyder, Joseph P. Freitas, Jr., District Attorney (San Francisco), Raymond T. Bonner, Assistant District Attorney, Edwin L. Miller, Jr., District Attorney (San Diego), and Robert C. Fellmeth, Deputy District Attorney, as Amici Curiae on behalf of Respondent and Real Parties in Interest.


OPINION

MOSK, J.

Section 24755 of the Business and Professions Code requires that a manufacturer or brand owner file with the Department of Alcoholic Beverage Control (department) a minimum price schedule for distilled spirits which bear the brand name of the owner (subds. (a), (c)), and it prohibits an off-sale retail licensee from selling at less than that prescribed price (subd. (f))...

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