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PASTENE WINE & SPIRITS v. ALCOHOLIC BEVERAGES

16 Mass. App. Ct. 156 (1983)

449 N.E.2d 1235

PASTENE WINE & SPIRITS CO., INC., & others vs. ALCOHOLIC BEVERAGES CONTROL COMMISSION & another.

Appeals Court of Massachusetts, Suffolk.

June 7, 1983.

Attorney(s) appearing for the Case

Evan T. Lawson for the plaintiffs.

Robert S. Frank, Jr., for M-H U.S.A. Corp.

Charles E. Walker, Jr., Assistant Attorney General, for Alcoholic Beverages Control Commission.

Present: HALE, C.J., ARMSTRONG, & KASS, JJ.

HALE, C.J.

This action was brought in the Superior Court pursuant to G.L.c. 30A, § 14, for review of a decision of the Alcoholic Beverages Control Commission (Commission), under the provisions of the liquor franchise protection law, G.L.c. 138, § 25E. A summary judgment was entered dismissing the complaint. The plaintiffs, Pastene Wine & Spirits, Co., Inc., Atlas Distributing Corp. and Kelly-Dietrich, Inc., have appealed. We vacate the judgment of the...

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