STROH BREWERY v. ALCOHOLIC BEV. CONTROL

No. 19547.

816 P.2d 1090 (1991)

The STROH BREWERY COMPANY, Plaintiff-Appellant, v. DIRECTOR OF THE NEW MEXICO DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, Defendant-Appellee, and Gallup Sales Company, Pucci Distributing Company, Pecos Sales Company and State Beer Distributors, Inc., Intervenors-Appellees.

Supreme Court of New Mexico.

Rehearing Denied September 13, 1991.


Attorney(s) appearing for the Case

John T. Porter, Albuquerque, White & Case, John J. McAvoy, Washington, D.C., for plaintiff-appellant, The Stroh Brewery Co.

John B. Bigelow, Sp. Asst. Atty. Gen., Santa Fe, for defendant-appellee Dept. of Alcoholic Beverage Control.

O.R. Adams, Albuquerque, for intervenors-appellees.


OPINION

SOSA, Chief Justice.

Stroh Brewery Company (Stroh) appeals summary judgment granted to the Director of the New Mexico Department of Alcoholic Beverage Control (the Director), awarding the Director nearly $18 million in damages plus interest. The damages represent the court's determination of the difference between the price at which Stroh sold beer in New Mexico between 1979 and 1985 and the price at which Stroh allegedly was supposed to sell its...

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