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MILLER v. OREGON LIQUOR CONTROL COM'N

No. 80-3376.

688 F.2d 1222 (1982)

Elsie Viola MILLER and Oretta Bernice Lancaster, doing business as the Junction Cafe and Tavern, individually and as representatives of all others similarly situated, Plaintiffs-Appellants, v. OREGON LIQUOR CONTROL COMMISSION, Oregon Beer & Wine Distributors Assoc. Inc., their respective members, individually and as representatives of all others similarly situated, Spear Beverage Co., Coast Distributors, Inc., United Beer Dist., Co., James B. Beam Distilling Co., The Fleischman Distilling Company, Jack Daniel Distillery, Joseph E. Seagram & Sons, Inc., and Heublein, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 7, 1982.

As Amended on Denial of Rehearing September 27, 1982.

Attorney(s) appearing for the Case

David W. Axelrod, Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, Or., for plaintiffs-appellants.

Charles F. Hinkle, Stoel, Rives, Boley, Fraser & Wyse, Portland, Or., William F. Gary, Asst. Atty. Gen., Dept. of Justice, Salem, Or., for defendants-appellees.

Before BROWNING, Chief Judge, and WALLACE and BOOCHEVER, Circuit Judges.

WALLACE, Circuit Judge:

Miller and Lancaster, owners of a cafe and tavern (the tavern owners), brought this action against the Oregon State Liquor Commission (the commission), certain liquor wholesalers, and an association of liquor wholesalers (the wholesalers), contending that the pricing practices of Oregon beer and wine wholesalers, pursuant to administrative rules promulgated and enforced by the commission, violate section 1 of the Sherman Act, 15 U.S.C. §...

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