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GIOVANI CARANDOLA, LTD. v. BASON

No. 01-1726.

303 F.3d 507 (2002)

GIOVANI CARANDOLA, LIMITED, a North Carolina Corporation; Janel D. Ralph, Plaintiffs-Appellees, v. 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, Defendants-Appellants, and Greensboro Alcohol Beverage Control Board, a political subdivision of the State of North Carolina, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided August 30, 2002.

Attorney(s) appearing for the Case

ARGUED: David Roy Blackwell, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Defendants-Appellants. J. Michael Murray, Berkman, Gordon, Murray & Devan, Cleveland, Ohio, for Plaintiffs-Appellees. ON BRIEF: Roy Cooper, North Carolina Attorney General, Amy L. Yonowitz, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Defendants-Appellants. Steven D. Shafron, Berkman, Gordon, Murray & Devan, Cleveland, Ohio, for Plaintiffs-Appellees.

Before NIEMEYER, MOTZ, and TRAXLER, Circuit Judges.

Affirmed in part and vacated in part by published opinion. Judge MOTZ wrote the majority opinion, in which Judge TRAXLER joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge.

In this case, the North Carolina Alcoholic Beverage Control Commission (the Commission) appeals from the district court's order preliminarily enjoining it from enforcing certain state restrictions...

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