BASELINE LIQUORS, an Arizona corporation, for itself and as representative in behalf of all persons, save for Defendants in this cause, owning and operating Series 9 liquor licenses within Maricopa County, State of Arizona, at and subsequent to July 1, 1977, Plaintiff-Appellant,
v.
The CIRCLE K CORPORATION, a Texas corporation; Farmers Produce Company, Inc., an Arizona corporation, d/b/a Farmers Quality Discount Liquor Stores; Bach T. Schlecht, d/b/a Economy Liquors; Bashas' Markets, Inc., an Arizona Corporation; Neb's Markets, an Arizona Corporation; Duppa Villa Liquors, Inc., an Arizona Corporation; Skagg's Drug Centers, Inc., a Utah Corporation; Smitty's Super-Value, Inc., an Iowa Corporation; Furr's Inc., a Texas Corporation; Safeway Stores, Inc., a Maryland Corporation; A.J. Bayless Markets, Inc., an Arizona Corporation; and Super X Drugs Corporation, a Michigan Corporation, Defendants-Appellees.
Court of Appeals of Arizona, Division 1, Department A.https://leagle.com/images/logo.png
April 7, 1981.
Rehearing Denied May 27, 1981.
Review Denied June 16, 1981.
Attorney(s) appearing for the Case
Thayer C. Lindauer, P.C. by Thayer C. Lindauer, Phoenix, for plaintiff-appellant.
Rawlins, Ellis, Burrus & Kiewit by H.J. Lewkowitz, David A. Clarke, George T. Anagnost, Phoenix, for defendant-appellee, Circle K Corp.
Jennings, Strouss & Salmon by David L. White, Phoenix, for defendant-appellee, Farmers Produce Co., Inc.
Burch & Cracchiolo, P.A. by Daniel Cracchiolo, Phoenix, for defendant-appellee, Bashas' Markets, Inc.
Beer, Kalyna, P.C. by Paul Beer, Phoenix, for defendant-appellee Neb's Markets.
Gallagher & Kennedy by Michael K. Kennedy, Phoenix, for defendant-appellee, Duppa Villa Liquors.
Lewis & Roca by Paul G. Ulrich, Andrew S. Gordon, Patricia K. Norris, Roger W. Kaufman, Phoenix, for defendant-appellee, Skaggs Drug Center, Inc. and Super X Drugs.
Roush, Mori & Welch by George Welch, Jr., Phoenix, for defendant-appellee, Smitty's Super-Value, Inc.
Streich, Lang, Weeks, Cardon & French by Ronald J. Cohen, James K. LeValley, Phoenix, for defendant-appellee, Furrs, Inc.
Snell & Wilmer by Charles K. Ayers, Phoenix, for defendant-appellee Safeway Stores, Inc.
Romley & Sherk by Roger T. Hargrove, Phoenix, for defendant-appellee, A.J. Bayless Markets, Inc.
Court of Appeals of Arizona, Division 1, Department A.
OPINION
WREN, Chief Judge.
The central issue in this appeal is the constitutionality of Arizona's Unfair Sales Act, A.R.S. §§ 44-1461 — 44-1466.
Appellant, Baseline Liquors, filed a complaint in Maricopa County Superior Court on June 1, 1978, alleging that the various named appellees, since July 1, 1977, had advertised, offered to sell and sold liquor, beer and wine to the retailer at a price less than cost, as defined in the Arizona...
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