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WHITEHALL CO., LTD. v. ALCOHOLIC BEVERAGES CTRL

7 Mass. App. Ct. 538 (1979)

389 N.E.2d 419

WHITEHALL COMPANY, LTD. vs. ALCOHOLIC BEVERAGES CONTROL COMMISSION.

Appeals Court of Massachusetts, Suffolk.

May 11, 1979.

Attorney(s) appearing for the Case

James C. Heigham (Thomas J. Raftery with him) for the plaintiff.

John E. Bowman, Jr., Assistant Attorney General, for the defendant.

Present: GRANT, BROWN, & GREANEY, JJ.

BROWN, J.

Whitehall Company, Ltd. (Whitehall Company), seeks reversal of a ruling by the Alcoholic Beverages Control Commission (commission) that a proposed discount to be offered by the company's Whitehall-Cape Cod Division (Whitehall-Cape Cod), but not by its other two divisions, is discriminatory and in violation of G.L.c. 138, § 25A. Section 25A provides that "[n]o licensee authorized under this chapter to sell alcoholic beverages to wholesalers or retailers...

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