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MANUEL v. STATE, OFF. OF ALCOH. AND TOBACCO

No. CA 2007-1620.

982 So.2d 316 (2008)

Wendell MANUEL, d/b/a Jungle Lounge and Restaurant, et al. v. STATE of Louisiana, OFF. OF ALCOHOL AND TOBACCO CONTROL, et al.

Court of Appeal of Louisiana, Third Circuit.

April 30, 2008.

Attorney(s) appearing for the Case

Anthony Craig Dupre, P.O. Drawer F, Ville Platte, Counsel for Plaintiffs/Appellants: B & S Corner Grocery Store, Inc. Wendell Manuel, d/b/a Jungle Lounge and Restaurant.

Gary J. Ortego, Attorney at Law, Ville Platte, Counsel for Plaintiffs/Appellants: B & S Corner Grocery Store, Inc. Wendell Manuel, d/b/a Jungle Lounge and Restaurant.

Stephanie Bienvenu Laborde, Milling, Benson, Woodward, Baton Rouge, Counsel for Defendants/Appellees: State of Louisiana, Office of Alcohol and Tobacco Control Murphy J. Painter, COATC.

David Alexander Young, Asst. Attorney General, Baton Rouge, Counsel for Defendants/Appellees: State of Louisiana, Office of Alcohol and Tobacco Control Murphy J. Painter, COATC.

Christian T. Avery, Attorney at Law, Gonzales, Counsel for Defendants/Appellees: State of Louisiana, Office of Alcohol and Tobacco Control Murphy J. Painter, COATC.

Charles E. Smarr, Brydon, Swearengen & England, Jefferson City, MO, Counsel for Defendants/Appellees: State of Louisiana, Office of Alcohol and Tobacco Control Murphy J. Painter, COATC.

Court composed of MARC T. AMY, BILLY HOWARD EZELL, and J. DAVID PAINTER, Judges.

EZELL, Judge.

In this matter, Wendell Manuel, d/b/a Jungle Lounge and Restaurant, and B & S Corner Grocery Store, Inc. (herein after collectively referred to as "the Plaintiffs"), appeal the decision of the trial court dismissing their claim that bans on certain practices relating to the wholesale and retail of alcoholic beverages within the State of Louisiana are unconstitutional violations of the Sherman Act and the Interstate Commerce Clause of the United States...

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