HEUBLEIN v. ALCOHOLIC BEVERAGES CONTROL COMM.

Nos. 90-P-24 & 90-P-52.

30 Mass. App. Ct. 611 (1991)

571 N.E.2d 430

HEUBLEIN, INC. vs. ALCOHOLIC BEVERAGES CONTROL COMMISSION & others.

Appeals Court of Massachusetts, Suffolk.

May 22, 1991.


Attorney(s) appearing for the Case

Ellen S. Shapiro for the plaintiff.

Robert S. Frank, Jr., for Kelly-Dietrich, Inc., & another.

Evan T. Lawson (William F. Coyne, Jr., with him) for Charles Gilman & Sons & others.

Douglas H. Wilkins, Assistant Attorney General, for Alcoholic Beverages Control Commission.

Kenneth H. Soble, for M.S. Walker, Inc., was present but did not argue.

Present: SMITH, PORADA, & GREENBERG, JJ.


SMITH, J.

Five liquor wholesalers (wholesalers),2 all licensed under G.L.c. 138, § 18, commenced proceedings before the Alcoholic Beverages Control Commission (ABCC) against Austin-Nichols & Co., Inc. (Austin-Nichols), and Heublein, Inc. (Heublein). They claimed that Heublein was a sales agent for Austin-Nichols, a liquor importer, and had refused to sell certain alcoholic beverages to them in violation of G.L.c. 138, § 25E...

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