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MASS. FOOD ASS'N v. MASS. ALCOHOLIC BEV. CONTROL

Nos. 99-1277, 99-1280.

197 F.3d 560 (1999)

MASSACHUSETTS FOOD ASSOCIATION, et al., Plaintiffs, Appellants, v. MASSACHUSETTS ALCOHOLIC BEVERAGES CONTROL COMMISSION, et al., Defendants, Appellees. Massachusetts Food Association, et al., Plaintiffs, Appellees, v. Massachusetts Alcoholic Beverages Control Commission, et al., Defendants, Appellees, and Wine & Spirit Wholesalers of Massachusetts, Inc., et al., Appellants.

United States Court of Appeals, First Circuit.

Decided December 2, 1999.

Attorney(s) appearing for the Case

J. Mark Gidley with whom Robert D. Paul, J. Christian Word, White & Case LLP, Alan L. Kovacs, Howard J. Wayne, Eugene R. Richard and Wayne, Richard, Hurwitz & McAloon, were on brief, for plaintiffs.

Jane L. Willoughby, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, and Thomas A. Barnico, Assistant Attorney General, were on brief, for defendants.

Bruce A. Singal with whom William C. Athanas, Donoghue, Barrett & Singal, P.C., Louis A. Cassis, Cassis, Arena & Cayer and Ernest Gellhorn, were on brief, for intervenor, appellants Wine & Spirit Wholesalers of Massachusetts, Inc., et al.

Bruce A. Singal, William C. Athanas, Donoghue, Barrett & Singal, P.C., Louis A. Cassis, Cassis, Arena & Cayer and Ernest Gellhorn, on brief, for Massachusetts Package Stores Association, Inc., Wine & Spirits Wholesalers of Massachusetts, and Massachusetts Wholesalers of Malt Beverages, Inc., Amici Curiae.

Before BOUDIN, Circuit Judge, BOWNES, Senior Circuit Judge, and LIPEZ, Circuit Judge.

BOUDIN, Circuit Judge.

Massachusetts, like many other states, extensively regulates the sale of alcoholic beverages. Among other restrictions, retail outlets must be licensed, each license embraces only a single location, and no firm or person is allowed "more than three such licenses in the commonwealth...." Mass. Gen. Laws ch. 138, § 15 (1998). Thus, no one can own more than three retail liquor stores in the Commonwealth. Although some state regulations also...

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