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LOUIS FINOCCHIARO, INC. v. NEB. LIQ. CONTROL

No. 83-255.

351 N.W.2d 701 (1984)

217 Neb. 487

LOUIS FINOCCHIARO, INC., a Nebraska corporation, Appellant, v. NEBRASKA LIQUOR CONTROL COMMISSION, Appellee.

Supreme Court of Nebraska.

June 1, 1984.

Attorney(s) appearing for the Case

M.J. Bruckner of Marti, Dalton, Bruckner, O'Gara & Keating, P.C., Lincoln, for appellant.

Paul L. Douglas, Atty. Gen., and Terry R. Schaaf, Lincoln, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

WHITE, Justice.

Plaintiff, Louis Finocchiaro, Inc., a licensed wholesaler of wine and spirits, filed this action seeking injunctive relief against the enforcement of Neb.Rev.Stat. §§ 53-168, 53-168.03 (Cum.Supp.1982), 53-168.01, 53-168.02, 53-168.04, and 53-168.05 (Reissue 1978), and a declaration that said statutes are invalid because (1) they constitute a restraint of trade in violation of § 1 of the Sherman Act (15 U.S.C. §§ 1 et seq. ...

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