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HEINEKEN U.S.A., INC. v. ALCOHOLIC BEVERAGES CONTROL COMMISSION

No. 03-P-178.

62 Mass. App. Ct. 567 (2004)

HEINEKEN U.S.A., INC. v. ALCOHOLIC BEVERAGES CONTROL COMMISSION & another.

Appeals Court of Massachusetts, Suffolk.

November 29, 2004.

Attorney(s) appearing for the Case

Evan T. Lawson for Fahey Beverage Company, Inc.

Sheila L. York, Assistant Attorney General, for Alcoholic Beverages Control Commission.

Louis A. Cassis for the plaintiff.

Present: DUFFLY, MILLS, & GREEN, JJ.

DUFFLY, J.

We consider whether a supplier of alcoholic beverages may terminate sales to a wholesaler, who appears to have gone out of business, without giving "notice of discontinuance of sale," as provided by G. L. c. 138, § 25E.2 After hearing, the Alcoholic Beverages Control Commission (commission) determined that Heineken U.S.A., Inc. (Heineken), had violated the provisions of...

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