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NEBRASKA LIQ. DISTRIB. v. NEB. LIQ. CONTROL

No. S-02-616.

693 N.W.2d 539 (2005)

269 Neb. 401

NEBRASKA LIQUOR DISTRIBUTORS, INC., appellant, v. NEBRASKA LIQUOR CONTROL COMMISSION, appellee.

Supreme Court of Nebraska.

March 4, 2005.

Attorney(s) appearing for the Case

Michael J. Lehan, of Kelley & Lehan, P.C., Blair, for appellant.

Jon Bruning, Attorney General, and Milissa D. Johnson-Wiles, Lincoln, and, on brief, Don Stenberg, former Attorney General, and Hobert B. Rupe for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

GERRARD, J.

The question presented in this case is what type of "interested relationship" between an alcoholic liquor wholesaler and a manufacturer of alcoholic liquor is prohibited by state law. Neb.Rev.Stat. § 53-169.01 (Reissue 2004) states, in relevant part:

No manufacturer of alcoholic liquor holding a manufacturer's license ... and no manufacturer of alcoholic liquor outside this state manufacturing alcoholic liquor, except beer, for distribution...

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