BROOKS v. VASSAR

Nos. 05-1540, 05-1541, 05-1791.

462 F.3d 341 (2006)

Peter BROOKS; David T. Gies; Patricia Clemmer Peters; Robin B. Heatwole; Dry Comal Creek Vineyards, a Texas Corporation; Hood River Vineyards, an Oregon Sole Proprietorship; Schneider Liquor Company, Incorporated, Plaintiffs-Appellees, and Miura Vineyards, a California Limited Liability Company; Clint Bolick, Plaintiffs, v. Esther H. VASSAR, Chairman, Virginia Department of Alcoholic Beverage Control; Pamela O'Berry Evans, Commissioner, Virginia Department of Alcoholic Beverage Control; Susan R. Swecker, Commissioner, Virginia Department of Alcoholic Beverage Control, Defendants-Appellants, and Virginia Wine Wholesalers Association, Incorporated, Intervenor-Defendant. Virginia Vineyards Association, Movant. Peter Brooks; David T. Gies; Patricia Clemmer Peters; Robin B. Heatwole; Dry Comal Creek Vineyards, a Texas Corporation; Hood River Vineyards, an Oregon Sole Proprietorship; Schneider Liquor Company, Incorporated, Plaintiffs-Appellees, and Miura Vineyards, a California Limited Liability Company; Clint Bolick, Plaintiffs, v. Esther H. Vassar, Chairman, Virginia Department of Alcoholic Beverage Control; Pamela O'Berry Evans, Commissioner, Virginia Department of Alcoholic Beverage Control; Susan R. Swecker, Commissioner, Virginia Department of Alcoholic Beverage Control, Defendants, and Virginia Wine Wholesalers Association, Incorporated, Intervenor-Defendant-Appellant. Virginia Vineyards Association, Movant. Peter Brooks; David T. Gies; Patricia Clemmer Peters; Robin B. Heatwole; Dry Comal Creek Vineyards, a Texas Corporation; Hood River Vineyards, an Oregon Sole Proprietorship; Schneider Liquor Company, Incorporated, Plaintiffs-Appellants, and Miura Vineyards, a California Limited Liability Company; Clint Bolick, Plaintiffs, v. Esther H. Vassar, Chairman, Virginia Department of Alcoholic Beverage Control; Pamela O'Berry Evans, Commissioner, Virginia Department of Alcoholic Beverage Control; Susan R. Swecker, Commissioner, Virginia Department of Alcoholic Beverage Control, Defendants-Appellees, and Virginia Wine Wholesalers Association, Incorporated, Intervenor-Defendant. Virginia Vineyards Association, Movant.

United States Court of Appeals, Fourth Circuit.

Decided September 11, 2006.


Attorney(s) appearing for the Case

ARGUED: William Eugene Thro, State Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellants/Cross-Appellees. Daniel Roy Ortiz, UNIVERSITY OF VIRGINIA SCHOOL OF LAW, Charlottesville, Virginia, for Appellees/Cross-Appellants. ON BRIEF: Judith Williams Jagdmann, Attorney General of Virginia, Carla R. Collins, Associate State Solicitor General, Ronald N. Regnery, Associate State Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Esther H. Vassar, Chairman, Pamela O'Berry Evans, Commissioner, and Susan R. Swecker, Commissioner, Virginia Alcoholic Beverage Control Board; Walter A. Marston, Jr., REED SMITH, L.L.P., Richmond, Virginia, for Virginia Wine Wholesalers Association, Inc.

Before NIEMEYER and TRAXLER, Circuit Judges, and JOSEPH R. GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.


Affirmed in part; reversed in part; and dismissed in part, vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge TRAXLER concurred except as to Part III.B and Judge GOODWIN concurred except as to Parts III and IV. Judge TRAXLER wrote an opinion concurring in part and concurring in the judgment. Judge GOODWIN wrote an opinion concurring in Parts I, II, and V and dissenting from Parts III and IV.

OPINION

NIEMEYER, Circuit...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases