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FREEMAN v. FISCHER

Civ. Action No. 03-3140 (KSH).

563 F.Supp.2d 493 (2008)

Robert FREEMAN and Judy Freeman, Walter Hansel Winery, Inc., Meyer Friedman and Beverly Friedman, Plaintiffs, v. Jerry FISCHER, Director of the New Jersey Division of Alcoholic Beverage Control, Defendant, and R & R Marketing, LLC, Allied Beverage Group, LLC and Fedway Associates, Inc., Intervenor-Defendants.

United States District Court, D. New Jersey.

June 30, 2008.

Attorney(s) appearing for the Case

Gary S. Redish, Winne, Banta, Hetherington & Masralian, P.C., Hackensack, NJ, for Plaintiffs.

Chryssa Yaccarino, Villani & Deluca, P.C., Point Pleasant Beach, NJ, Ross Lewin, Drinker, Biddle & Reath, LLP, Princeton, NJ, Edward G. D'Alessandro, Sr., for Intervenor-Defendants.

OPINION

KATHARINE S. HAYDEN, District Judge.

I. INTRODUCTION

This case finds the plaintiffs, four New Jersey residents and a California winery, challenging the constitutionality of New Jersey's statutory scheme governing the distribution and sale of wine. They contend that New Jersey impermissibly burdens interstate commerce, in violation of the dormant commerce clause doctrine, by mandating preferential treatment for instate wineries in...

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