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  5. 64 N.Y.2d 479 (1985)
 

BROWN-FORMAN v. LIQUOR AUTH.

64 N.Y.2d 479 (1985)

In the Matter of Brown-Forman Distillers Corporation, Appellant, v. State Liquor Authority, Respondent.

Court of Appeals of the State of New York.

Decided April 2, 1985.

Attorney(s) appearing for the Case

Macdonald Flinn, William B. Schreiber and Margery A. Colloff for appellant.

Robert Abrams, Attorney-General (August L. Fietkau, Peter H. Schiff, Frederick K. Mehlman and Richard G. Liskov of counsel), for respondent.

Chief Judge WACHTLER and Judges MEYER and SIMONS concur with Judge KAYE; Judge JASEN dissents and votes to reverse in a separate opinion; Judge ALEXANDER taking no part.

KAYE, J.

Appellant, Brown-Forman Distillers Corporation, on this appeal challenges both the State Liquor Authority's determination that it violated the lowest-price affirmation provisions of the Alcoholic Beverage Control Law, by failing to take into account promotional allowances given to wholesalers outside New York, and the constitutionality of the statute. We hold that the determination of the Authority was...

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