BARCO BEVERAGE v. ALCOHOLIC BEV. COMM.

No. 49S02-9207-CV-531.

595 N.E.2d 250 (1992)

BARCO BEVERAGE Corporation, DeKalb Distributing Company, and Lincoln Hills Beverage Company, Appellants, (Plaintiffs below) v. INDIANA ALCOHOLIC BEVERAGE COMM., Harry K. Wick, Individually and As Chairman of the Indiana Alcoholic Beverage Commission; Mary Jane McMahon, Individually and As Commissioner of the Indiana Alcoholic Beverage Commission; James E. Courtney, Individually and As Commissioner of the Indiana Alcoholic Beverage Commission; A. Vandeveer, Individually and As Commissioner of the Indiana Alcoholic Beverage Commission; Anheuser-Busch, Inc.; Miller Brewing Company; the Stroh Brewery Company; Indiana Liquor Stores Assn., Inc.; Indiana Retail Council, Inc.; Beermart, Inc.; Beerco., Inc.; and Kebe Enterprises, Inc., Appellees.

Supreme Court of Indiana.

July 7, 1992.


Attorney(s) appearing for the Case

Phillip A. Terry, Brian K. Peters, McHale, Cook & Welch, Indianapolis, for appellants.

Charles E. Bruess, Stanley C. Finkle, Barnes & Thornburg, Indianapolis, for appellees Anheuser-Busch, Inc.

Philip J. Ripani, David J. Bodle, Scott E. Tarter, Henderson Daily Withrow & Devoe, Indianapolis, for appellees Indiana Liquor Stores Ass'n, Indiana Retail Council, Inc., Beermart, Inc., Beerco, Inc., KEBE Enterprises, Inc.

Linley E. Pearson, Atty. Gen., Michael A. Schoening, Deputy Atty. Gen., Indianapolis, for appellees Indiana Alcoholic Beverage Com'n and the Com'rs.

Edward W. Harris III, Gordon L. Pittenger, Sommer & Barnard, Indianapolis, Thomas H. Milch, Arnold & Porter, Washington, D.C., for appellees Miller Brewing Co.


ON PETITION TO TRANSFER

KRAHULIK, Justice.

The sole issue presented by this appeal is whether the Indiana Alcoholic Beverage Commission ("Commission") had authority to promulgate and enforce 905 I.A.C. 1-28-1(3) ("Rule 28"), which prohibits distillers, brewers, rectifiers, and vintners from restricting the sale or resale of their products to a given geographical area.1 We conclude ...

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