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LORETTO WINERY LTD. v. DUFFY

Nos. 1237-1239, Dockets 85-7197, 85-7205 and 85-7207.

761 F.2d 140 (1985)

LORETTO WINERY LTD. and RMR Wine Distributors Corp., Plaintiffs-Appellees, v. Thomas DUFFY, Chairman, Hugh E. 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-Appellants, The New York State Wine Grape Growers, Inc. and New York State Food Merchants Assoc., Inc., Defendants-Intervenors-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 10, 1985.

Attorney(s) appearing for the Case

Christopher K. Hall, Asst. Atty. Gen., Albany, N.Y. (Robert Abrams, Atty. Gen., Robert Hermann, Sol. Gen., O. Peter Sherwood, Deputy Sol. Gen., Albany, N.Y., on brief), for defendants-appellants.

Martin P. Mehler, New York City (Mehler and Buscemi, New York City), for plaintiff-appellee.

Samuel Bernstein, New York City, for defendants-intervenors-appellants.

James K. Leader, New York City (Townley & Updike, New York City, David B. Wechsler, New York City, of counsel, Kent S. Scheidegger, Sacramento, Cal., Gen. Counsel, California Cooler, Inc., on brief), for amicus curiae California Cooler, Inc.

Before KAUFMAN and VAN GRAAFEILAND, Circuit Judges, and POLLACK, District Judge.

PER CURIAM:

Loretto Winery Ltd., a California corporation in the business of manufacturing and selling wine products in interstate commerce, brought this action in the district court seeking to have declared unconstitutional those amendments to the New York Alcoholic Beverage Control Law commonly known as the "Wine Products Provisions," see N.Y.Alco.Bev.Cont.Law §§ 3(36-a), 79-a (Consol.1984 Supp.). In substance...

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