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PASTENE WINE & SPIRITS v. ALCOHOLIC BEV. CTL. COMM.

401 Mass. 612 (1988)

518 N.E.2d 841

PASTENE WINE & SPIRITS CO., INC. vs. ALCOHOLIC BEVERAGES CONTROL COMMISSION & another.

Supreme Judicial Court of Massachusetts, Middlesex.

February 1, 1988.

Attorney(s) appearing for the Case

Evan T. Lawson (William F. Coyne, Jr., with him) for the plaintiff.

Mark A. Michelson (Andrew J. Freed with him) for M-H U.S.A. Corp.

Douglas H. Wilkins, Assistant Attorney General, for Alcoholic Beverages Control Commission.

Present: HENNESSEY, C.J., LIACOS, NOLAN, & LYNCH, JJ.

HENNESSEY, C.J.

The plaintiff, Pastene Wine & Spirits Co., Inc. (Pastene), is a liquor wholesaler licensed under G.L.c. 138, § 18 (1986 ed.). In 1981, Pastene commenced proceedings before the Alcoholic Beverages Control Commission (ABCC), alleging that the defendant M-H U.S.A. Corp., a liquor importer, was violating G.L.c. 138, § 25E, by refusing to sell Pastene certain alcoholic beverages.2 An ABCC ruling in favor of M-H...

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