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MTR BROWN-FORMAN v. LIQ AUTH

100 A.D.2d 55 (1984)

In the Matter of Brown-Forman Distillers Corporation, Petitioner, v. State Liquor Authority, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 8, 1984

Attorney(s) appearing for the Case

Macdonald Flinn of counsel (William B. Schreiber and Margery A. Colloff with him on the brief; White & Case and Schreiber & MacKnight, attorneys), for petitioner.

August L. Fietkau of counsel (Melvyn R. Leventhal and Richard G. Liskov with him on the brief; Robert Abrams, Attorney-General, attorney), for respondent.

CARRO, BLOOM and ALEXANDER, JJ., concur with ASCH, J.; KUPFERMAN, J. P., dissents in an opinion.

ASCH, J.

Petitioner Brown-Forman Distillers Corporation produces and imports distilled spirits and sells them to independent wholesalers in more than 30 States including New York. On May 22, 1981, the State Liquor Authority (Authority) served Brown-Forman with a statement of charges alleging that it had violated section 101-b (subd 3, par [d]) of the Alcoholic Beverage Control Law by selling distilled spirits...

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