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FLA. DEPT. OF BUS. REG. v. ZACHY'S WINE & LIQUOR

No. 96-2772.

125 F.3d 1399 (1997)

FLORIDA DEPARTMENT OF BUSINESS REGULATION and Robert Butterworth, Plaintiffs-Appellants, v. ZACHY'S WINE AND LIQUOR, INC., et al., Defendants, Rochambeau Wines and Liquors, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 24, 1997.

Attorney(s) appearing for the Case

Eric J. Taylor, Department of Legal Affairs, Tallahassee, FL, Thomas A. Klein, Denis Dean, Tallahassee, FL, for Plaintiffs-Appellants.

Roy C. Young, Tallahassee, FL, Robert T. Wright, Jonathan Cohen, David S. Goldstein, Shutts & Bowen, Miami, FL, Kenneth R. Hartmann, Kozyak, Tropin & Throckmorton, Miami, FL, for Defendants-Appellees.

Mark B. Stern, John S. Koppel, U.S. Department of Justice, Appellate Staff, Civil Division, Washington, DC, for Amicus USA.

Before ANDERSON, DUBINA and CARNES, Circuit Judges.

DUBINA, Circuit Judge:

The State of Florida ("State") brought an action seeking to enjoin four out-of-state, mail-order wine distributors from violating Florida's liquor laws, Fla. Stat. Ann. § 561 et seq. The district court dismissed the complaint for lack of subject matter jurisdiction. We affirm.

I. STATEMENT OF THE CASE

Defendants/appellees ("defendants") are four out-of-state1 wine retailers who solicit...

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