GIOVANI CARANDOLA, LTD. v. BASON

No. 1:01CV115.

147 F.Supp.2d 383 (2001)

GIOVANI CARANDOLA, LTD., and Janel D. Ralph, Plaintiffs, v. George BASON, in his official capacity as Chairman of the North Carolina Alcohol Beverage Control Commission; Howard McGlohon and Ricky Wright, in their official capacities as Members of the North Carolina Alcohol Beverage Control Commission; Bryan Beatty, in his official capacity as Secretary of the North Carolina Department of Crime Control and Public Safety; and Greensboro Alcohol Beverage Control Board, a political subdivision of the State of North Carolina; and John Does 1 through 10, Defendants.

United States District Court, M.D. North Carolina.

April 17, 2001.


Attorney(s) appearing for the Case

Thomas F. Loflin, III, Loflin & Loflin, Durham, J. Michael Murray, Steven D. Shafron, Berkman Gordon Murray & Devan, Cleveland, OH, for Giovani Carandola, LTD, A North Carolina Corporation, plaintiffs.

Isaac T. Avery, III, N.C. Department of Justice, Amy L. Yonowitz, Joyce L. Davis & Associates, John Julian Aldridge, III, N.C. Dept. of Justice, Law Enforcement Liason, Raleigh, Margaret Shea Burnham, Adams Kleemeier Hagan Hannah & Fouts, Greensboro, for George Bason, in his official capacity as Chairman of the North Carolina Alcohol Beverage Control Commission, Howard McGlohon, in his official capacity as Member of the North Carolina Alcohol Beverage Control Commission, Ricky Wright, in his official capacity as Member of the North Carolina Alcohol Beverage Control Commission, Bryan Beatty, in his official capacity as Secretary of the North Carolina Department of Crime Control and Public Safety (Substituted from David E. Kelley 2/20/01), Greensboro Alcohol Beverage Control Board, a political subdivision of the State of North Carolina, John 1-10 Does, defendants.


MEMORANDUM OPINION

TILLEY, Chief Judge.

This case is now before the Court on Plaintiffs' Motion for a Preliminary Injunction [Doc. # 3], pursuant to Fed.R.Civ.P. 65, restraining Defendants,1 Defendants' officers, agents, servants, employees, attorneys, and all persons in active concert or participation with Defendants from enforcing N.C. Gen.Stat. § 18B-1005 (1995) and Alcohol Beverage Control Rule 4 N.C.A.C. 2S.0216 against...

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