ENRICO'S INC. v. RICE

No. C-81-0068 EFL.

551 F.Supp. 511 (1982)

ENRICO'S INC., a California corporation d/b/a "Enrico's Sidewalk Cafe," Plaintiff, v. Baxter RICE, Director, Department of Alcoholic Beverage Control, et al., Defendants.

United States District Court, N.D. California.

November 24, 1982.


Attorney(s) appearing for the Case

J. Michael Hennigan, Bretz & Hennigan, Beverly Hills, Cal., Mark F. Anderson, Law Offices of Mark F. Anderson, J. Thomas Hannan, Lovitt & Hannan, San Francisco, Cal., for plaintiff.

William T. Chidlaw, Law Offices of William T. Chidlaw, Sacramento, Cal., Carol G. Perry, Lukens, St. Peter & Cooper, San Francisco, Cal., for defendants Wine & Spirit Wholesalers, North and South, and the Rathjen and Juillard Companies.

George Deukmejian, Atty. Gen., of Cal. by Matthew Boyle, Deputy Atty. Gen., San Francisco, Cal., for defendant Baxter Rice.

Dominic J. Campisi, Evans, Latham & Campisi, San Francisco, Cal., for intervenor CBWA, Inc.

Richard R. Patch, Jacobs, Sills & Coblentz, San Francisco, Cal., for defendant House of Sobel.


LYNCH, District Judge.

On cross-motions for summary judgment,1 this Court confronts the issue of whether the price-posting procedure required by California Business and Professions Code section 24756 and 4 Cal.Admin. Code section 100 (hereinafter collectively referred to as "Rule 100") constitutes a per se violation of the Sherman Act, 15 U.S.C. §§ 1 et seq. Business and Professions Code section 24756 provides,...

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