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MILLER v. HEDLUND

Civ. No. 78-259-FR.

579 F.Supp. 116 (1984)

Elsie Viola MILLER and Oretta Bernice Lancaster, doing business as the Junction Cafe and Tavern; Taylor's Coffee Shop, Inc., dba Rennie's Landing; Wian, Inc., dba Barney's Cable; individually and as representatives of others similarly situated; Plaintiffs; v. William H. HEDLUND, Sylvia S. Bedingfield, Reuden A. Worster, Stan Auderkirk, and Jill Thorne, individually in their representative capacities as the Commissioners of the Oregon Liquor Control Commission; C. Dean Smith, individually in his capacity as Administrator for the Oregon Liquor Control Commission; Oregon Beer and Wine Distributors Association, Inc.; Spear Beverage Co., Inc.; Coast Distributors, Inc.; and United Beer Distributing Company; individually and as representatives of others similarly situated; Defendants.

United States District Court, D. Oregon.

January 24, 1984.

Attorney(s) appearing for the Case

Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Chief Trial Counsel, Robert W. Muir, Asst. Atty. Gen., Salem, Or., for state defendants.

Garry P. McMurry, Peter R. Mersereau, Ronald L. Wade, Rankin, McMurry, VavRosky & Doherty, Portland, Or., for private defendants.

David Axelrod, Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, Or., for plaintiffs.

OPINION AND ORDER

FRYE, District Judge:

The matters before the court are plaintiffs' motion for summary judgment, state defendants' motion for summary judgment, and private defendants' motion for summary judgment.

This case involves an antitrust challenge to certain regulations promulgated by the Oregon Liquor Control Commission (OLCC). The regulations place limitations on the manner in which liquor wholesalers may sell wine and beer to retail customers...

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