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STATE v. AMOROSO

No. 971712-CA.

975 P.2d 505 (1999)

1999 UT App 060

STATE of Utah, Plaintiff and Appellant, v. Louis A. AMOROSO; and Beer Across America, an Illinois corporation, Defendants and Appellees.

Court of Appeals of Utah.

March 4, 1999.

Attorney(s) appearing for the Case

Jan Graham, Attorney General, J. Frederic Voros Jr., Wayne Klein, and Carol Clawson, Assistant Attorneys General, Salt Lake City, for Appellant.

Joseph E. Tesch, David B. Thompson, Tesch Thompson & Fay, Park City, and Morton Siegel, Siegel Moses Schoenstadt & Webster PC, Chicago, Illinois, for Appellees.

Before WILKINS, P.J, GREENWOOD, Associate P.J., and BILLINGS, J.

OPINION

BILLINGS, Judge:

¶ 1 Appellant, the State of Utah, appeals an order dismissing a criminal prosecution against Appellees Louis A. Amoroso and Beer Across America (BAA) involving several violations of Utah liquor laws.1 We reverse and remand.

FACTS

¶ 2 BAA is a national marketer of several products, including "heavy" beer, which qualifies as "liquor" under Utah liquor laws. BAA is located in...

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