John T. MORGAN, Stuart J. Filler, Charles A. Heckman, and David S. King, Appellants,
v.
DIVISION OF LIQUOR CONTROL, DEPARTMENT OF BUSINESS REGULATION, STATE OF CONNECTICUT, Appellees,
Wine & Spirits Wholesalers of Conn., Inc., Connecticut Package Stores Association, Inc., Connecticut Beer Wholesalers, Inc., Intervenors.
MOUNTAIN TOP LIQUORS, INC., Clifford Atkin, Permittee; A & P Package Store, David O'Brien, Sr., Permittee; Old Mystic Wine Cellar, Charles P. Hamm, Permittee, Appellants,
v.
John F. HEALY, Louis A. Sidoli, David L. Snyder, Charles Kasmer, in their capacity as members or employees of the State of Connecticut and the Division of Liquor Control, Department of Business Regulation, Appellees,
Wine & Spirits Wholesalers of Conn., Inc., Connecticut Package Stores Association, Inc., Connecticut Beer Wholesalers, Inc., Intervenors.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued October 14, 1981.
Decided November 16, 1981.
Attorney(s) appearing for the Case
John T. Morgan, University of Bridgeport Civ. Clinic, and Alan J. Neigher, Westport, Conn. (Leslie Byelas, Byelas & Neigher, Westport, Conn., James A. Trowbridge, University of Bridgeport Civ. Clinic, Bridgeport, Conn., and Steven Mednick, New Haven, Conn., of counsel), for appellants.
Robert M. Langer, Asst. Atty. Gen., State of Conn., Hartford, Conn., and Richard M. Sheridan, Asst. Atty. Gen., State of Conn., Newington, Conn. (Carl R. Ajello, Atty. Gen., John R. Lacey, Robert F. Vacchelli, Asst. Attys. Gen., State of Conn., Hartford, Conn., of counsel), for appellees.
Daniel E. Brennan, Jr., Brennan, McNamara & Brennan, P.C., Bridgeport, Conn., of counsel, for intervenor Wine & Spirits Wholesalers of Conn., Inc.
Richard Goodman, Trowbridge, Goodman & Rosenthal, Hartford, Conn., of counsel, for intervenor Connecticut Package Stores Ass'n, Inc.
James M. Mannion, Bethel, Conn., of counsel, for intervenor Connecticut Beer Wholesalers, Inc.
Ralph J. Savarese, Washington, D. C. (Ray A. Jacobsen, Jr., John C. Peirce, Howrey & Simon, Washington, D. C., John McCarren, Gen. Counsel, Distilled Spirits Council of the United States, Inc., Washington, D. C., J. Daniel Sagarin, Harrigan, Hurwitz, Sagarin & Rutkin, P. C., Milford, Conn., of counsel), for amicus curiae Distilled Spirits Council of the United States, Inc.
Before KAUFMAN and OAKES, Circuit Judges, and PALMIERI, District Judge.
United States Court of Appeals, Second Circuit.
IRVING R. KAUFMAN, Circuit Judge:
This is an appeal from a judgment entered upon an order by Judge Daly, granting summary judgment to appellees Division of Liquor Control of the Department of Business Regulation, State of Connecticut, and employees of the Division, in an antitrust action brought by appellants John T. Morgan, and others, consumers of alcoholic beverages in Connecticut, and Mountain Top Liquors, Inc., and others...
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