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CHERRY HILL VINEYARDS, LLC v. HUDGINS

Civil Action No. 3:05CV-289-S.

488 F.Supp.2d 601 (2006)

CHERRY HILL VINEYARDS, LLC, et al., Plaintiffs v. V. Lavoyed HUDGINS, in his Official Capacity as Executive Director of the Kentucky Office of Alcoholic Beverage Control, Defendant and Wine and Spirits Wholesalers of Kentucky, Inc., Intervening Defendant.

United States District Court, W.D. Kentucky, at Louisville.

December 26, 2006.

Attorney(s) appearing for the Case

Alan N. Linker, Joseph H. Cohen, Seiller Waterman, LLC, J. Gregory Troutman, Louisville, KY, James A. Tanford, Indiana University School of Law, Bloomington, IN, Michael J. Donahoe, Robert D. Epstein, Epstein Cohen Donahoe & Mendes, Indianapolis, IN, for Plaintiffs.

Andrew D. Desimone, Bryan H. Beauman, Douglas L. McSwain, Sturgill, Turner, Barker & Moloney, PLLC, Lexington, KY, for Defendant.

Kenneth S. Handmaker, Kevin L. Chlarson, Middleton Reutlinger, Daniel R. Meyer, Louisville, KY, for Intervening Defendant.

MEMORANDUM OPINION

SIMPSON, District Judge.

This matter is before the court on cross-motions of the parties for summary judgment. The plaintiffs, Cherry Hill Vineyards, LLC, William G. Schneider, Jr. and John D. Reilly, Jr.,1 successfully challenged the constitutionality of certain provisions of Kentucky's laws regulating small and farm wineries.2 This court ruled, in accordance with the United...

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