PEOPLE EX REL. DEPT. OF ALCOHOLIC BEV. CONTROL v. MILLER BREWING CO.

No. C039417.

128 Cal.Rptr.2d 861 (2002)

104 Cal.App.4th 1189

The PEOPLE ex rel. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, Plaintiff and Appellant, v. MILLER BREWING COMPANY, Defendant and Respondent.

Court of Appeals of California, Third District.

December 27, 2002.


Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Jacob Appelsmith, Lead Supervising Deputy Attorney General, Stacy Boulware Eurie, Deputy Attorney General, for Plaintiff and Appellant.

Farella Braun & Martel and Richard Van Duzer, San Francisco, for Defendant and Respondent.


SCOTLAND, P.J.

The Department of Alcoholic Beverage Control (the Department) appeals from the superior court's order denying the Department's request for a preliminary injunction to enjoin Miller Brewing Company (Miller) from giving consumers cash rebates on the purchase of beer when the consumers buy certain nonalcoholic products.

According to the Department, Miller's promotional campaign, which the Department...

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