MILLER v. HEDLUND

Civ. No. 78-259 FR.

717 F.Supp. 711 (1989)

Elsie Viola MILLER and Oretta Bernice Lancaster, doing business as the Junction Cafe and Tavern; Taylor's Coffee Shop, Inc., d/b/a Rennie's Landing; and Wian, Inc., d/b/a Barney's Cable, Plaintiffs, v. William H. HEDLUND; Sylvia S. Bedingfield; Reuben A. Worster; Stan Auderkirk; and Jill Thorne, individually in their representative capacities as the Commissioners of the Oregon Liquor Control Commission; C. Dean Smith, individually in his capacity as Administrator for the Oregon Liquor Control Commission; Spear Beverage Co., Inc.; and Coast Distributors, Inc., Defendants.

United States District Court, D. Oregon.

July 19, 1989.


Attorney(s) appearing for the Case

David W. Axelrod, Schwabe, Williamson & Wyatt, Portland, Or., for plaintiffs.

Dave Frohnmayer, Atty. Gen., Arden J. Olson, Glenn Klein, Asst. Attys. Gen., Sp. Litigation Unit, Dept. of Justice, Salem, Or., for defendants.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

FRYE, Judge:

The issue before the court is whether the Twenty-First Amendment to the United States Constitution permits the Oregon Liquor Control Commission (OLCC) to promulgate and enforce certain rules which are anti-competitive in nature. These anti-competitive rules 1) require competing beer and wine wholesalers to publicly post and thereby to exchange prices not less than ten days in advance of the effective date...

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