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VAN MUNCHING CO., INC. v. ALCOHOLIC BEVERAGES CONTROL COMMISSION

No. 94-P-1631.

41 Mass. App. Ct. 308 (1996)

VAN MUNCHING CO., INC. v. ALCOHOLIC BEVERAGES CONTROL COMMISSION.

Court of Appeals of Massachusetts, Suffolk.

September 18, 1996.

Attorney(s) appearing for the Case

Howard M. Miller for the plaintiff.

Rosemary S. Gale, Assistant Attorney General, for the defendant.

Karen Manders, of Missouri, Robert L. Ciociola & Thomas J. Walsh, for Anheuser-Busch, Inc., amicus curiae, submitted a brief.

Present: KASS, PORADA, & LENK, JJ.

LENK, J.

Van Munching Co., Inc. (Van Munching), is a certificate of compliance holder under G. L. c. 138, § 18B, which licenses Van Munching as a supplier to sell alcoholic beverages to Massachusetts wholesalers. Van Munching had offered for some time a discount program to Massachusetts wholesalers which provided increasing rebates per case based on the number of cases of beer which a wholesaler sold in a single delivery to Massachusetts retailers. This discount...

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