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BROWN FORMAN CORP. v. TENN. ALCOHOLIC BEVERAGE COM'N

Nos. 87-5870, 87-5913.

860 F.2d 1354 (1988)

BROWN-FORMAN CORPORATION, Plaintiff-Appellee, v. TENNESSEE ALCOHOLIC BEVERAGE COMMISSION, et al., Defendants-Appellants (87-5913), Licensed Beverage Wholesalers of Tennessee, Intervenor-Appellant (87-5870).

United States Court of Appeals, Sixth Circuit.

Decided November 4, 1988.

Attorney(s) appearing for the Case

W.J. Michael Cody, Atty. Gen. of Tennessee, Barry Turner, argued, Nashville, Tenn., for defendants-appellants.

Robert L. DeLaney, Henry E. Hildebrand, III, Jane P. North, Michael J. Passino, Passino, DeLaney and Hildebrand, Nashville, Tenn., for intervenor-appellant.

L. Webb Campbell, Dearborn & Ewing, Nashville, Tenn., Robert L. Echols, argued, for plaintiff-appellee.

Douglas W. Metz, Washington, D.C., for amicus curiae, Wine and Spirits Wholesalers of America, Inc.

Before KRUPANSKY and NELSON, Circuit Judges, and HACKETT, District Judge.

DAVID A. NELSON, Circuit Judge.

The laws of the State of Tennessee prohibit any distiller from making a sale of alcoholic beverages to a wholesaler in Tennessee at a price higher than that being charged, contemporaneously with the Tennessee sale, to a wholesaler in any other state. Tenn.Code Ann. § 57-3-202(e). The Tennessee statute leaves distillers free to change their out-of-state prices at will, without notice and without the approval of any Tennessee official...

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