IN RE BEER INSTITUTE

No. 721, Docket 87-7880.

849 F.2d 753 (1988)

In re The BEER INSTITUTE (formerly named United States Brewers Association, Inc.) as an association, and on behalf of its following members selling beer in the State of Connecticut and the bordering States of Massachusetts, New York and Rhode Island: Anheuser-Busch, Inc., Miller Brewing Company, Latrobe Brewing Company, Pabst Brewing Company, The Stroh Brewery Company. ANHEUSER-BUSCH, INC.; G. Heileman Brewing Company; the Genesee Brewing Company Inc., Miller Brewing Company; All Brand Importers, Inc.; Dribeck Importers, Inc., Guiness-Harp Corp.; Labatt Importers, Inc., Martlett Importing Company, Inc.; Monterey Bay Company, Inc.; and Van Munching Company, Inc., Plaintiffs-Appellants, v. John F. HEALY and David L. Snyder, as Commissioners of the Department of Liquor Control; and Charles Kasmer, as Secretary of the Department of Liquor Control, Defendants-Appellees, Wine and Spirits Wholesalers of Connecticut, Inc., as an association, and on behalf of its following members selling alcoholic liquor in the State of Connecticut: Johnny Barton, Inc.; the Brescome Distributors Corporation; Connecticut Distributors, Inc.; Eder Bros., Inc.; Gallo Wine Merchants Inc.; Allan S. Goodman, Inc.; and Hartley & Parker Limited, Inc., Intervenors Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 13, 1988.


Attorney(s) appearing for the Case

Jeffrey Glekel, New York City (Timothy G. Reynolds, Skadden, Arps, Slate, Meagher & Flom, New York City, William H. Allen, Covington & Burling, Jerome I. Chapman, Arnold & Porter, Gary Nateman, The Beer Institute, Washington, D.C., of counsel), for plaintiffs-appellants.

Robert F. Vacchelli, Asst. Conn. Atty. Gen., Newington, Conn. (Joseph I. Lieberman, Conn. Atty. Gen., Richard M. Sheridan, Asst. Conn. Atty. Gen., of counsel), for defendants-appellees.

William A. Wechsler, Hartford, Conn. (Alfred F. Wechsler, Gregory J. Southworth, Bailey & Wechsler, Hartford, Conn., of counsel), for intervenors defendants-appellees.

Before TIMBERS, PRATT and MINER, Circuit Judges.


MINER, Circuit Judge:

Plaintiffs-appellants The Beer Institute (formerly United States Brewers Association), an industry association of beer brewers and importers, et al., commenced an action in the United States District Court for the District of Connecticut (Dorsey, J.) against defendants-appellees John F. Healy and David L. Snyder, as Commissioners of the Connecticut Department of Liquor Control, and Charles Kasmer, as Secretary of the Department. The complaint...

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