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ANHEUSER-BUSCH, INC. v. ABRAMS

71 N.Y.2d 327 (1988)

Anheuser-Busch, Inc., Respondent, v. Robert Abrams, as Attorney-General of the State of New York, Appellant. In the Matter of Subpoenas Duces Tecum Served by the Attorney-General of the State of New York, Upon the New York State Beer Wholesalers Association, Inc., et al., Respondents; Attorney-General of the State of New York, Appellant. In the Matter of G. Heileman Brewing Company, Inc., Respondent, v. Robert Abrams, as Attorney-General of the State of New York, Appellant. In the Matter of Miller Brewing Company, Respondent, v. Robert Abrams, as Attorney-General of the State of New York, Appellant. In the Matter of Stroh Brewery Company, Respondent, v. Robert Abrams, as Attorney-General of the State of New York, Appellant. In the Matter of Forbee Bros. Corporation et al., Respondents, v. Robert Abrams, as Attorney-General of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided February 11, 1988.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Alan Pfeffer, O. Peter Sherwood, Lloyd Constantine, Katherine L. Frank, Elizabeth M. O'Neill, Richard M. Weinberg and Alice McInerney of counsel), for appellant.

Thomas H. Milch, Jerome I. Chapman, Wayne C. Holcombe, David Rees Davies, Adeeb Fadil, Terrence Sheehy, Peter Moll, Roxann Henry, William Pelster, David Elkind, David Beckwith, Michael Fischer, Gary Hoppe, Eugene D'Ablemont, Robert Getman, Robert Crotty, Ernest Gellhorn, Adrian Wager-Zito, Hugh Latimer, Robert Skitol, Richard Nash, Henry B. Gutman, Douglas Richards, Richard C. Stein and Matthew Feigenbaum for respondents.

Judges SIMONS, ALEXANDER, TITONE and HANCOCK, JR., concur with Chief Judge WACHTLER; Judge BELLACOSA dissents and votes to affirm in a separate opinion; Judge KAYE taking no part.

Chief Judge WACHTLER.

The petitioners — four brewers, several beer wholesalers and a beer wholesalers' trade association — brought these proceedings to quash subpoenas duces tecum and interrogatories served upon them by the Attorney-General pursuant to an investigation into marketing practices in the beer industry which the Attorney-General alleges may violate the State's antitrust laws. The central...

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