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B-F SPIRITS, LTD. v. DEL. ALCOHOLIC, ETC.

418 A.2d 1014 (1980)

B-F SPIRITS, LTD., an unincorporated division of Brown Forman Distillers Corporation, and Brown Forman Distillers Corporation, v. DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSION and Blue Hen Beverage, Ltd. CARLTON SALES COMPANY v. DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSION and State Distributors, Inc. JOSEPH E. SEAGRAM & SONS, INC. (Seagram Distillery Company, division) v. DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSION and N-K-S Distributors, Inc.

Superior Court of Delaware, New Castle County.

Decided July 3, 1980.

Attorney(s) appearing for the Case

Michael D. Goldman (argued), Daniel F. Wolcott, Jr., Somers S. Price, Jr., and Todd S. Collins of Potter, Anderson & Corroon, Wilmington, for B-F Spirits, Ltd. and Brown Forman Distillers Corp., appellants.

Joseph A. Hurley (argued), of Paul & Hurley, Wilmington, for Carlton Sales Co., appellant.

W. Jeffrey Whittle (argued), and Jeoffrey L. Burtch of Cooch & Taylor, Wilmington, for Joseph E. Seagram & Sons, Inc., appellants.

John E. Babiarz, Jr. (argued), and Francis S. Babiarz of Morris, Nichols, Arsht & Tunnell, Wilmington, for Blue Hen Beverage, Ltd., appellee, and State Distributors, Inc., intervenor.

Timothy M. Rafferty (argued), Wilmington, for N-K-S Distributors, Inc., appellee.

O'HARA, Judge.

The matters presently before the Court are three consolidated appeals from decisions of the Delaware Alcoholic Beverage Control Commission ("Commission"). Appellants are all liquor suppliers which had sought to terminate certain franchise agreements with appellees, liquor distributors.1 Appellees sought and were granted hearings before the Commission, pursuant to the Commission's Rule 46, on the proposed terminations. In...

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