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TRI COUNTY DISTRIB., INC. v. CANANDAIGUA WINE CO.

No. 92-1479.

68 Ohio St.3d 123 (1993)

TRI COUNTY DISTRIBUTING, INC., APPELLEE, v. CANANDAIGUA WINE COMPANY, INC. ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 29, 1993.

Attorney(s) appearing for the Case

Comstock, Springer & Wilson and Marshall D. Buck, for appellee.

Jones, Day, Reavis & Pogue, John W. Edwards II, Kathleen B. Burke and John M. Majoras, for appellants Canandaigua Wine Company, Inc. and Gene Minardi.

DiBlasio, Flask & Associates and H.A. DiBlasio, for appellant Ohio Wine Imports Co., Inc.

Buckingham, Doolittle & Burroughs and Orville L. Reed III; J. Richard Lumpe and Timothy J. Bechtold, urging affirmance for amicus curiae, Wholesale Beer and Wine Association of Ohio.

Per Curiam.

The threshold question presented by the instant action concerns whether a franchise relationship exists between the appellee and Canandaigua. Resolution of this issue requires consideration of R.C. 1333.83. At the relevant time, it provided:

"Every manufacturer of alcoholic beverages shall contract with or offer in good faith to its distributors a written franchise providing for, and specifying...

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