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ALCOHOLIC BEV., ETC. v. TAYLOR DRUG STORES

635 S.W.2d 319 (1982)

The ALCOHOLIC BEVERAGE CONTROL BOARD OF the COMMONWEALTH OF KENTUCKY, etc., et al., Appellants, v. TAYLOR DRUG STORES, INC., Appellee. KENTUCKY RETAIL LIQUOR ASSOCIATION, et al., Appellants, v. TAYLOR DRUG STORES, INC., Appellee. KENTUCKY WHOLESALE LIQUOR DEALERS ASSOCIATION, INC., et al., Appellants, v. TAYLOR DRUG STORES, INC., Appellee. KENTUCKY WHOLESALE LIQUOR DEALERS ASSOCIATION, INC., et al., Appellants, v. STATE LIQUORS, INC., Appellee. Richard H. LEWIS, et al., Appellants, v. STATE LIQUORS, INC., Appellee.

Supreme Court of Kentucky.

July 6, 1982.

Attorney(s) appearing for the Case

Catherine C. Staib, Frankfort, for Alcoholic Beverage Control Bd.

Irwin Waterman and Alan Linker, Morris, Garlove, Waterman & Johnson, Louisville, for Kentucky Wholesale Liquor Dealers Ass'n, Inc., and its members.

Frank E. Haddad, Jr., and Leon J. Shaikun, Louisville, for Ky. Retail Liquor, Roland & McFarland Liquors and Cheers, Inc.

Bruce F. Clark, Stites, McElwain & Fowler, Frankfort, for Distilled Spirits Counsel of U. S.

Albert F. Reutlinger, Louisville, for Taylor Drug Stores, Inc.

William A. Young, Frankfort, for State Liquors, Inc.

PALMORE, Chief Justice.

In two separate proceedings originating before the Kentucky Alcoholic Beverage Control Board (hereinafter ABC Board) the Franklin Circuit Court adjudged certain vital provisions1 of the Distilled Spirits and Wine Fair Trade Act, KRS 244.380 et seq., to be in violation of the Commerce Clause2 of the United States Constitution, the Sherman Antitrust Act,3 and...

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