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JOSEPH E. SEAGRAM & SONS, INC. v. GAZZARA

No. 83 Civ. 6825 (LBS).

610 F.Supp. 673 (1985)

JOSEPH E. SEAGRAM & SONS, INC., an Indiana Corporation on behalf of its division General Wine & Spirits Company and all other divisions, Plaintiff, v. Anthony V. GAZZARA, Chairman, Hugh B. Marius, Robert Doyle, Terrence Flynn and Frederick T. Pannozo, as Commissioners, and Barbara Joanni Lord, as Secretary of the State Liquor Authority, Division of Alcoholic Beverage Control, State of New York, Defendants.

United States District Court, S.D. New York.

As Amended May 28, 1985.

Attorney(s) appearing for the Case

Simpson Thacher & Bartlett, New York City, for plaintiff; David W. Ichel, Joseph F. Tringali, New York City, of counsel.

Robert Abrams, Atty. Gen. of the State of N.Y., New York City, for defendants; Howard L. Zwickel, Marla Tepper, Asst. Attys. Gen., New York City, of counsel.

Anderson Russell Kill & Olick, P.C., New York City, for Peerless Importers, Inc., Lawrence Kill, Steven M. Pesner, Daniel N. Sang, New York City, of counsel.

Buchman, Buchman & O'Brien, New York City, for Capitol Distributors Corp., Knickerbocker Liquors Corp. and Star Industries, Inc.; Michael Newman, New York City, of counsel.

Whiteman, Osterman & Hanna, Albany, N.Y., for The New York State Wholesale Liquor Ass'n; Michael Whiteman, Albany, N.Y., of counsel.

Windels, Marx, Davies & Ives, New York City, for Charmer Industries, Inc., Anthony Dean, New York City, of counsel.

OPINION

SAND, District Judge.

Plaintiff, Joseph E. Seagram & Sons, Inc., challenges the constitutionality of New York's liquor price affirmation statute, N.Y.ABC Law § 101-b(3), contending that it is violative on its face of the Commerce Clause. Plaintiff seeks a judgment declaring the statute unconstitutional and enjoining the defendant officials of the State Liquor Authority (hereinafter "SLA") from enforcing it. Both sides have moved for summary...

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