Jerry BAINBRIDGE, Faye Bainbridge, Gene Bretoi, Betty E. Millinnix-Bretoi, et. al., Plaintiffs-Appellants,
v.
Richard E. TURNER, Director of the Florida Division of Alcoholic Beverages and Tobacco of the Department of Professional and Business Regulation, Defendants-Appellees.
United States Court of Appeals, Eleventh Circuit.https://leagle.com/images/logo.png
November 8, 2002.
November 8, 2002.
Attorney(s) appearing for the Case
Michael Nachwalter, David Henry Lichter, Scott E. Perwin, Kenny, Nachwalter, Seymour, Arnold & Critchlow, P.A., Miami, FL, Jonathan Alan Glogau, Tallahassee, FL, for Plaintiffs-Appellants.
Michael J. Donahoe, Robert D. Epstein, Epstein & Frisch, Indianapolis, IN, James A. Tanford, Indiana University School of Law, Bloomington, IN, John E. Thomas, Gardner, Wilkes, Shaheen, Candelora, Tampa, FL, Tracy K. Genesen, Foley & Lardner, Sacramento, CA, for Defendants-Appellees.
Kevin M. Fong, Pillsbury Winthrop, LLP, San Francisco, CA, for Family Winemakers of Cal. and Coalition for Free, Amicus Curiae.
Jonathan E. Nuechterlein, Wilmer, Cutler & Pickering, Washington, DC, for Nat. Alcohol Beverage Control Ass'n, Inc. and Nat. Conference of State Liquor Administrators, Amicus Curiae.
Louis R. Cohen, Wilmer, Cutler & Pickering, Washington, DC, for Wine & Spirits Wholesalers of America, Inc., Amicus Curiae.
Tracy S. Carlin, Foley & Lardner, Jacksonville, FL, John C. Dotterrer, Palm Beach, FL, James M. Goldberg, Washington, DC, for Amicus Curiae.
Before TJOFLAT, RONEY and COX, Circuit Judges.
United States Court of Appeals, Eleventh Circuit.
TJOFLAT, Circuit Judge:
This case implicates the tension between the "dormant" aspect of the Commerce Clause1 and the Twenty-first Amendment.2 The primary question in this appeal is whether the State of Florida may prohibit out-of-state wineries from shipping their products directly to Florida consumers while permitting in-state wineries to do so. Appellants, who...
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