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WINE AND SPIRITS SPECIALTY, INC. v. DANIEL

No. 64984.

666 S.W.2d 416 (1984)

WINE AND SPIRITS SPECIALTY, INC., Plaintiff-Respondent, v. Edward D. DANIEL, Director, Department of Public Safety, James A. Franklin, Jr., Supervisor, Division of Liquor Control, Defendants-Appellants, Missouri Wine and Spirits Association, Inc., Intervenor-Defendant-Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied April 16, 1984.

Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., Robert E. Dolan, Jr., Warren Weinstein, Asst. Attys. Gen., Jefferson City, for defendants-appellants.

Alex Bartlett, Jefferson City, William B. Schreiber, Michael T. Kelly, New York City, William P. Wright, Jefferson City, for intervenor-defendant-appellant.

Richard E. McFadin, F.A. White, Jr., North Kansas City, Mo., for plaintiff-respondent.

DONNELLY, Judge.

This is an appeal from a declaratory judgment that §§ 311.332, 311.334, 311.336 and 311.338, RSMo 1978, more commonly known as price posting laws, and the analogous regulation of the Department of Liquor Control, 11 C.S.R. 70-2.190, violate the Sherman Act, 15 U.S.C. § 1 et seq. (1976). This Court has exclusive appellate jurisdiction. Mo. Const. art. V, § 3.

The facts are stipulated. The General Assembly has enacted liquor...

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