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LORETTO WINERY LTD. v. GAZZARA

No. 84 Civ. 6024-CLB.

601 F.Supp. 850 (1985)

LORETTO WINERY LTD. and R M R Wine Distributors Corp., Plaintiffs, v. Anthony V. GAZZARA, Chairman, Hugh B. Marius, Robert Doyle, Terrence Flynn and Frederick T. Pannozo, as Commissioners of the State Liquor Authority, Division of Alcoholic Beverage Control, State of New York, Defendants, The New York State Wine Grape Growers, Inc. and New York State Food Merchants Association, Inc., Defendant-Intervenors.

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

January 30, 1985.

Attorney(s) appearing for the Case

Martin Mehler, Mehler & Buscemi, New York City, for plaintiffs.

Andrea Green, Asst. Atty. Gen., New York City, for defendants.

Samuel Bernstein, New York City for defendant-intervenor New York State Wine Grape Growers, Inc.

Terrence P. O'Reilly, Foley, Hickey, Gilbert & O'Reilly, New York City, for defendant-intervenor New York State Food Merchants Ass'n, Inc.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

In the present action, this Court has been asked to examine the constitutionality of certain provisions of the New York Alcoholic Beverage Control Law ("ABC Law"). Plaintiff,1 alleging the absence of any genuine issue of material fact, moves pursuant to Rule 56, F.R.Civ.P. for an order declaring Section 3, subdivisions 36-a and 79-a of the aforementioned statute unconstitutional and...

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