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CUTNER v. NEWMAN

No. CIV.A.05-03007-JF.

398 F.Supp.2d 389 (2005)

Clyde H. CUTNER, et al. v. Jonathan H. NEWMAN, et al.

United States District Court, E.D. Pennsylvania.

November 9, 2005.

Attorney(s) appearing for the Case

James Alexander, Indiana University School of Law, Bloomington, IN, Robert D. Epstein, Epstein Cohen Donahoe & Mendes, Indianapolis, IN, Toby P. Camen, Gladwyne, PA, for Clyde H. Cutner, et al.

Howard G. Hopkirk, Office of the Attorney General, Harrisburg, PA, for Jonathan H. Newman, et al.

MEMORANDUM AND ORDER

FULLAM, Senior District Judge.

At the present time, Pennsylvania law discriminates against out-of-state wineries, and favors in-state wineries. Out-of-state wineries are not permitted to sell or ship directly to consumers or restaurants, nor may they take telephone orders or internet orders. They must sell only to state-run Pennsylvania liquor stores, and may make such sales only at the rate of nine liters per month or less. 47...

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