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MILLER BREWING CO. v. STATE

No. 48509.

284 N.W.2d 353 (1979)

MILLER BREWING COMPANY, Appellant, v. STATE of Minnesota, Minnesota Department of Revenue, and Commissioner of Revenue, Respondents.

Supreme Court of Minnesota.

June 15, 1979.

Attorney(s) appearing for the Case

Gray, Plant, Mooty, Mooty & Bennett and James R. Lande, Kenneth M. Anderson and Craig L. Vollmar, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., and Thomas K. Overton, Sp. Asst. Atty. Gen., Dept. of Revenue, St. Paul, for respondents.

Briggs & Morgan, R. E. Kyle and R. Scott Davies, St. Paul, amicus curiae for Minnesota Brewers Assn.

Foley & Lardner and John S. Skilton, Milwaukee, Wis., amicus curiae for Minnesota Brewers Assn.

Heard, considered, and decided by the court en banc.

PETERSON, Justice.

The issue for resolution in this case is whether the classifications established by Minn.St. 340.47, subd. 2, distinguishing between fermented malt beverages produced by brewers with brewing production facilities in Minnesota and fermented malt beverages produced by brewers having no brewing production facilities in Minnesota contravenes the equal protection guarantees contained in Minn.Const. art. 1, § 2, and art. 10, § 1.

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