BATTIPAGLIA v. N.Y. STATE LIQUOR AUTHORITY

No. 1381, Docket 84-7168.

745 F.2d 166 (1984)

Jack R. BATTIPAGLIA and Bacchus Selections Inc., Plaintiff-Appellants, v. NEW YORK STATE LIQUOR AUTHORITY, Defendant-Appellee, Peerless Importers Inc., Defendant-Intervenor.

United States Court of Appeals, Second Circuit.

Decided September 21, 1984.


Attorney(s) appearing for the Case

Martin P. Mehler, Mehler & Buscemi, New York City, for plaintiffs-appellants.

August L. Fietkau, Asst. Atty. Gen. of N.Y., Robert Abrams, Atty. Gen. of N.Y., Melvyn R. Leventhal, Deputy First Asst. Atty. Gen., Richard G. Liskov, Asst. Atty. Gen., New York City, for defendant-appellee.

Lawrence Kill, Anderson, Russell, Kill & Olick, Steven M. Pesner and Daniel N. Sang, New York City, for defendant-intervenor.

Before FRIENDLY, VAN GRAAFEILAND and WINTER, Circuit Judges.


FRIENDLY, Circuit Judge:

Plaintiff Jack R. Battipaglia is the owner of a licensed liquor store in Long Island City, New York. Plaintiff Bacchus Selections, Inc. is a licensed wholesaler of wines. In this action in the District Court for the Southern District of New York against the New York State Liquor Authority (SLA), they sought a declaration that certain provisions of § 101-b of New York's Alcoholic Beverage Control Law requiring wholesalers to post and maintain...

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