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EMPIRE DISTRIBUTORS OF NORTH CAROLINA, INC. v. NORTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION

No. 8610SC1179.

355 S.E.2d 524 (1987)

EMPIRE DISTRIBUTORS OF NORTH CAROLINA, INC., Petitioner-Appellant, v. NORTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION, Respondent-Appellee, and Fetzer Vineyards, Inc., Respondent-Intervenor-Appellee.

Court of Appeals of North Carolina.

May 5, 1987.

Attorney(s) appearing for the Case

Murchison, Guthrie & Davis by Dennis L. Guthrie, Charlotte and Bauer, Deitch & Raines by Gilbert H. Deitch, Atlanta, for petitioner-appellant.

David S. Crump, Raleigh, for respondent-appellee.

Maupin, Taylor, Ellis & Adams by Armistead J. Maupin, Charles B. Neely, Jr. and M. Keith Kapp, Raleigh, for respondent-intervenor-appellee.

ARNOLD, Judge.

Petitioner contends that the trial court erred in dismissing its action by holding that the ABC Commission lacked jurisdiction over the subject matter in this case.

In its petition filed with the ABC Commission, Empire asked for the following relief.

1. For a hearing on Fetzer Vineyards, Inc. appointment of Prestige Wines, Inc. as its representative in the Charlotte-Mecklenburg marketing area and its termination of the statutory granted...

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