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TCV v. LOUIS LATOUR, INC.

Record No. 052224.

634 S.E.2d 745 (2006)

THE COUNTRY VINTNER, INC. v. LOUIS LATOUR, INC.

Supreme Court of Virginia.

September 15, 2006.

Attorney(s) appearing for the Case

E. Duncan Getchell, Jr. (Stephen D. Busch; Bryan A. Fratkin; M. Stuart North, McGuireWoods, on briefs), Richmond, for appellant.

Michael J. Lockerby, Washington, DC (John Charles Thomas; Walter A. Marston, Cassandra C. Collins; M. Christine Klein: Curtis G. Manchester; Hunton Williams; Reed Smith, on brief), Richmond, for appellee.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and AGEE, JJ., and RUSSELL, Senior Justice.

OPINION BY Justice DONALD W. LEMONS.

In this appeal, we consider whether the trial court erred in dismissing with prejudice a civil action1 for common law conspiracy and statutory conspiracy filed by a wine wholesaler against a winery. At issue is the application of the doctrine of primary jurisdiction.

I. Facts and Proceedings Below

The conditions for the creation and continuation of all wholesale wine distributorships...

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