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44 LIQUORMART, INC. v. STATE OF R.I.

Nos. 93-1893, 93-1927.

39 F.3d 5 (1994)

44 LIQUORMART, INC. and Peoples Super Liquor Stores, Inc., Plaintiffs, Appellees, v. STATE of RHODE ISLAND, Defendant, Appellee, Rhode Island Liquor Stores Association, Intervenor, Appellant. 44 LIQUORMART, INC. and Peoples Super Liquor Stores, Inc., Plaintiffs, Appellees, v. STATE of RHODE ISLAND, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 24, 1994.

Attorney(s) appearing for the Case

Lauren E. Jones with whom Caroline C. Cornwell, Jones Associates, Providence, RI, William P. Gasbarro and Robert M. Brady, East Providence, RI, were on brief, for Rhode Island Liquor Stores Ass'n.

Rebecca Tedford Partington, Sp. Asst. Atty. Gen., with whom Jeffrey B. Pine, Atty. Gen., Providence, RI, was on brief, for State of Rhode Island.

Evan T. Lawson with whom Lawson & Weitzen, Boston, MA, was on brief, for plaintiffs-appellees.

Before CYR, Circuit Judge, ALDRICH, Senior Circuit Judge, and STAHL, Circuit Judge.

ALDRICH, Senior Circuit Judge.

The State of Rhode Island, that did not ratify the Eighteenth Amendment, and was among the earliest to ratify the Twenty-First that repealed it, in 1956 adopted two statutes, assertedly aimed at promoting temperance, forbidding advertising the price of intoxicating liquor, except at the place of sale if sold within the state. The "declared purpose is the promotion of temperance and for the reasonable...

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