Anheuser-Busch, Inc., Appellant,
v.
Robert Abrams, as Attorney-General of The State of New York, Respondent
In the Matter of Subpoenas Duces Tecum Served by the Attorney-General of the State of New York Upon the New York State Beer Wholesalers Association, Inc., and Individual Beer Wholesalers. New York State Beer Wholesalers Association and Certain Individual Beer Wholesalers, Appellant, Attorney-General of the State of New York, Respondent
In the Matter of G. Heileman Brewing Company, Inc., Appellant,
v.
Robert Abrams, as Attorney-General of The State of New York, Respondent
In the Matter of Miller Brewing Company, Appellant,
v.
Robert Abrams, as Attorney-General of The State of New York, Respondent
In the Matter of Stroh Brewery Company, Appellant,
v.
Robert Abrams, as Attorney-General of The State of New York, Respondent
In the Matter of Forbee Bros. Corporation et al., Appellants,
v.
Robert Abrams, as Attorney-General of The State of New York, Respondent
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
March 5, 1987
March 5, 1987
Attorney(s) appearing for the Case
Terrence C. Sheehy of counsel (Roxann E. Henry, Richard J. Garcia, Stephen M. Axinn, William C. Pelster and David L. Elkind with him on the brief; Howrey & Simon and Skadden, Arps, Slate, Meagher & Flom, attorneys), for Anheuser-Busch, Inc., appellant.
Matthew Feigenbaum of counsel (Stein, Davidoff & Malito, attorneys), for New York State Beer Wholesalers Association and certain individual beer wholesalers, appellant.
Gary Hoppe of counsel (David E. Beckwith and Michael Fischer with him on the brief; Foley & Lardner and Olwine, Connelly, Chase, O'Donnell & Weyher, attorneys), for G. Heileman Brewing Company, Inc., appellant.
Thomas H. Milch of counsel (Jerome I. Chapman and Jocelyn F. Samuels, and David Rees Davies and Adeeb Fadil with him on the brief; Arnold & Porter and Hunton & Williams, attorneys), for Miller Brewing Company, appellant.
Hugh Latimer of counsel (Robert A. Skitol and Richard B. Nash, Jr., and Henry B. Gutman and J. Douglas Richards with him on the brief; Wald, Harkrader & Ross and O'Sullivan Graev & Karabell, attorneys), for Stroh Brewery Company, appellant.
Eugene T. D'Ablemont (Robert S. Getman with him on the brief; Kelley Drye & Warren, attorneys), for Forbee Bros. Corporation and others, appellants.
Alan Pfeffer of counsel (Katherine Frank and Elizabeth O'Neill with him on the brief); Robert Abrams, Attorney-General, respondent pro se.
MURPHY, P. J., ROSENBERGER and ELLERIN JJ., concur.
Appellate Division of the Supreme Court of the State of New York, First Department.
WALLACH, J.
The main issue on this appeal concerns the authority of the Attorney-General to investigate vertically imposed exclusive territorial distributorships under the State's antitrust law, the Donnelly Act (General Business Law art 22). The context is provided by six separate applications to quash subpoenaes that were served by the Attorney-General in connection with an investigation into marketing practices...
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