PIKE v. ALLEN INTERN. LIMITED

TC 423-775; SC 25568.

597 P.2d 804 (1979)

287 Or. 55

Gordon PIKE and Faith Pike, Dba Pike's Vintage Shop, Kienow's Food Stores, Inc., an Oregon Corporation, Harris Wine Cellars, Lts., an Oregon Corporation, Strohecker's, Inc., an Oregon Corporation, John Malafouris and Paula Malafouris, Dba Pepi's Bottle Shop, Jack V. Bronleewe, Dba Otto's Delicatessen, Anderson's Delicatessen, Inc., an Oregon Corporation, Randy S. Randall, Dba the Grapery, Maredco, Inc., an Oregon Corporation, Dba Wines Unlimited, John A. Eperjesi and Claudia J. Eperjesi, Dba Mixer Barn, Pieri's Delicacies, Inc., an Oregon Corporation, Robert Elle and James Elle, Dba Elle's Thriftway, Bales for Food, Inc., an Oregon Corporation, Appellants, v. ALLEN INTERNATIONAL LIMITED, an Oregon Corporation, Columbia Distributing Company, an Oregon Corporation, Roberti's House of Wine, Inc., an Oregon Corporation, LaFrance Wine Company, an Oregon Corporation, Gabarino Arighi Marracci & Company, an Oregon Corporation, al. C. Giusti Wine Company, an Oregon Corporation, Nick Spanopoulos, Spear Beverage Company, an Oregon Corporation, McWine, Inc., an Oregon Corporation, Dba McClaskey Wine Distributors, O. Howard Hinsdale, Jr., Dba Henny-Hinsdale Wine Imports, Maletis, Inc., an Oregon Corporation, Stein's Distributing Company, an Oregon Corporation, Royal Beer Distributors, an Oregon Corporation, Dba Royal Distributors, M.C. Distributing Company, an Oregon Corporation, Stein Beverages, Inc., an Oregon Corporation, Dba Valley Beverage Company, Coast Distributors, Inc., an Oregon Corporation, Imperial Distributing Company, an Oregon Corporation, Respondents, Blitz Weinhard Company, an Oregon Corporation, Dba United Beer Distributing Company, Defendant.

Supreme Court of Oregon, In Banc.

Decided July 12, 1979.


Attorney(s) appearing for the Case

Philip F. Schuster, II, and Alan T. Nettleton, Portland, argued the cause and filed the brief for appellants.

Lee A. Hansen, Portland, argued the cause and filed the brief for respondents LaFrance Wine Co. and Robert's House of Wine, Inc.

Karen Creason, Portland, argued the cause and filed the brief for respondents Columbia Distributing Co., Garbarino Arighi Marracci & Co., Al. C. Guisti Wine Co., Nick Spanopoulos, Spear Beverage Co., McClaskey Wine Distributors, Henny-Hinsdale Wine Imports, Maletis, Inc., Stein's Distributing Co., Royal Beer Distributors, M.C. Distributing Co., Stein Beverages, Inc., dba Valley Beverage Co., Coast Distributors, Inc., and Imperial Distributing Company.

No appearance by respondent Allen Intern. Limited.


TONGUE, Justice.

Plaintiffs, a group of retail package sellers of wine, filed this suit in equity for a declaratory judgment, injunction and damages, naming as defendants a group of wholesale dealers in wine. As stated in a pretrial order, which replaced the pleadings, plaintiffs contended that defendants were not entitled to make certain "dock sales" to "members of the public" under their licenses from the Oregon Liquor Control Commission as wholesale wine licensees...

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