MILLER BRANDS, INC., an Oregon Corporation, Respondent,
v.
THE OREGON LIQUOR CONTROL COMMISSION, an Agency of the State of Oregon, Appellant,
Columbia River Brewery, Inc., and Charles J. Coury and Shirley J. Coury, Dba Cartwright Brewing Co., Defendants,
G. Heileman Brewing Company, Inc., a Wisconsin Corporation, Dba the Blitz Weinhard Brewing Company, Blitz Weinhard Co., and Blitz Weinhard Company, Inc., an Oregon Corporation, Appellant.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted December 16, 1987.
Decided April 6, 1988.
Attorney(s) appearing for the Case
Charles F. Hinkle, Portland, argued the cause for appellant G. Heileman Brewing Co., Inc. With him on the briefs were Edward J. Reeves and Stoel, Rives, Boley, Fraser & Wyse, and Stoel Rives Boley Jones & Grey, Portland.
G. Kenneth Shiroishi, Portland, argued the cause for respondent. With him on the brief was Dunn, Carney, Allen, Higgins & Tongue, Portland.
Michael D. Reynolds, Asst. Atty. Gen., Salem, argued the cause for appellant Oregon Liquor Control Com'n. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.
Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.
Court of Appeals of Oregon.
RICHARDSON, Presiding Judge.
Plaintiff brought this declaratory judgment action, seeking to have ORS 473.030(7)1 declared unconstitutional. In its pleadings, plaintiff also sought to have defendant Oregon Liquor Control Commission (OLCC) enjoined from allowing tax credits pursuant to the statute and required to collect amounts equal to past credits from the taxpayers which had received them. After the trial court granted partial summary...
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