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TFWS, INC. v. SCHAEFER

Nos. 99-2279, 99-2342.

242 F.3d 198 (2001)

TFWS, INCORPORATED, t/a Beltway Fine Wine and Spirits, Plaintiff-Appellant, v. William Donald SCHAEFER, in his official capacity as Comptroller of the Treasury of the State of Maryland; Charles W. Ehart, in his official capacity as Administrator of the Alcohol and Tobacco Tax Unit of the Comptroller of the State of Maryland, Defendants-Appellees. Maryland Liquor Stores Association, Incorporated; Maryland State Licensed Beverage Association; Maryland United Licensees Beverage Association, Amici Curiae. TFWS, Incorporated, t/a Beltway Fine Wine and Spirits, Plaintiff-Appellee, William Donald Schaefer, in his official capacity as Comptroller of the Treasury of the State of Maryland; Charles W. Ehart, in his official capacity as Administrator of the Alcohol and Tobacco Tax Unit of the Compatroller of the State of Maryland, Defendants-Appellants. Maryland Liquor Stores Association, Incorporated; Maryland State Licensed Beverage Association; Maryland United Licensees Beverage Association, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided March 1, 2001.

Attorney(s) appearing for the Case

William James Murphy, Robert T. Shaffer, III, John J. Connolly, MURPHY & SHAFFER, Baltimore, Maryland, for Appellant.

Steven Marshall Sullivan, Assistant Attorney General, J. Joseph Curran, Jr., Attorney General of Maryland, Meredith Smith Andrus, Assistant Attorney General, Baltimore, Maryland, for Appellees.

William B. Schreiber, Alan Warshauer, WORMSER, KIELY, GALEF & JACOBS, L.L.P., New York, New York, for Amici Curiae.

Before LUTTIG and MICHAEL, Circuit Judges, and Claude M. HILTON, Chief United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Michael wrote the opinion, in which Chief Judge Hilton joined. Judge Luttig wrote a concurring opinion.

OPINION

MICHAEL, Circuit Judge:

This case involves an antitrust challenge to certain Maryland statutes and regulations that control the wholesale prices of liquor and wine (together, "liquor") in that state. Plaintiff TFWS, Inc. owns and operates a large retail liquor store...

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