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EMPIRE DISTRIBUTORS OF N.C. v. SCHIEFFELIN & CO.

No. 88-3034.

859 F.2d 1200 (1988)

EMPIRE DISTRIBUTORS OF NORTH CAROLINA, INC., Plaintiff-Appellant, v. SCHIEFFELIN & CO., Defendant-Appellee, The Wine Institute, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 20, 1988.

Attorney(s) appearing for the Case

Gilbert Howard Deitch (Bauer, Deitch & Raines, P.C., Atlanta, Ga., Dennis L. Guthrie, Murchison, Guthrie, Davis & Henderson, Charlotte, N.C., on brief) for plaintiff-appellant.

Michael Keith Kapp (Armistead J. Maupin, Timothy S. Riordan, Maupin, Taylor, Ellis & Adams, P.A., Raleigh, N.C., on brief), for defendant-appellee.

Arnold M. Lerman, Bruce M. Berman, Wilmer, Cutler & Pickering, Washington, D.C., on brief, for amicus curiae The Wine Institute.

Before CHAPMAN, WILKINSON and WILKINS, Circuit Judges.

WILKINS, Circuit Judge:

Empire Distributors of North Carolina, Inc., a wine wholesaler, brought this action against Schieffelin & Co., a winery, pursuant to the North Carolina Wine Distribution Agreements Act, N.C.Gen.Stat. §§ 18B-1200, et seq. (1983) (Act). Empire sought to enforce a wine wholesale distribution agreement between Schieffelin and another wine wholesaler, C & G Sales, which had been transferred to Empire without Schieffelin...

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