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SEA SHORE CORP. v. SULLIVAN

No. 98-1317.

158 F.3d 51 (1998)

SEA SHORE CORPORATION d/b/a Canterbury Liquors & Pantry and Whitehall Co., Limited, Plaintiffs, Appellees, v. Walter J. SULLIVAN, Jr., Suzanne Ianella and Frederick W. Riley and individually and in their Representative and official capacity as members of the Massachusetts Alcoholic Beverages Control Commission, Defendants, Appellees, Massachusetts Wholesalers of Malt Beverages, Inc., Intervenor, Appellant.

United States Court of Appeals, First Circuit.

Decided October 20, 1998.

Attorney(s) appearing for the Case

H. Glenn Alberich with whom Thomas Fenerty, Eileen M. Fava, Molly S. Boast, and LeBoeuf, Lamb, Greene & MacRae, L.L.P., were on brief for intervenor, appellant.

Gerald J. Caruso, with whom Ferriter, Scobbo, Caruso, & Rodophele, P.C., Alan L. Kovacs, and Bass, Doherty & Kovacs, were on brief for plaintiff, appellee Sea Shore Corp.

Robert S. Frank, Jr., with whom Robert M. Buchanan, Jr., Joshua A. Engel, and Choate, Hall & Stewart, were on brief for plaintiff, appellee Whitehall Co., Ltd.

Robert D. Paul, J. Mark Gidley, and White & Case LLP on brief for The Stop & Shop Companies, Inc., amicus curiae.

Thomas R. Kiley, Steven H. Goldberg, and Cosgrove, Eisenberg & Kiley, P.C. on brief for Massachusetts Food Association, amicus curiae.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

STAHL, Circuit Judge.

The Massachusetts Wholesalers of Malt Beverages, Inc. (the "MWMBI"), a defendant-intervenor below, has filed a notice of appeal from the district court's ruling that Massachusetts regulations requiring price posting in the sale of alcoholic beverages violate the Sherman Act, 15 U.S.C. § 1. Because the state defendants in the action below did not appeal, there is a threshold question whether the MWMBI has independent standing to maintain...

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