ENRICO'S, INC. v. RICE

No. 83-1689.

730 F.2d 1250 (1984)

ENRICO'S INC., Petitioner-Appellant, v. Baxter RICE, Director, Department of Alcoholic Beverage Control; Wine & Spirits Wholesalers of Northern California, Inc., a California association; Consolidated Enterprises, Inc., d/b/a Rathjen, a corporation; Juillard, Inc., d/b/a Juillard Alpha Liquor Company, a California corporation; and House of Sobel, a California corporation, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted January 13, 1984.

Decided February 14, 1984.

As Amended April 13, 1984.


Attorney(s) appearing for the Case

J. Thomas Hannan, San Francisco, Cal., for petitioner-appellant.

Matthew P. Boyle, San Francisco, Cal., John McDonough, Ball, Hunt, Hart, Brown & Baerwitz, Beverly Hills, Cal., for respondents-appellees.

Before SWYGERT, TANG, and REINHARDT, Circuit Judges.


TANG, Circuit Judge:

Appellant, Enrico's Inc., appeals from the district court's grant of summary judgment that held that the Department's price-posting procedure for wholesale distilled spirits distribution, established under California Business and Professions Code section 24756 and 4 Cal.Admin.Code section 100 ("Rule 100"), did not constitute a per se violation of section 1 of the Sherman Act. Defendants are the California State Department of Alcoholic Beverages...

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