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COSTCO WHOLESALE CORP. v. HOEN

No. 06-36040.

538 F.3d 1128 (2008)

COSTCO WHOLESALE CORPORATION, a Washington corporation, Plaintiff-Appellant, v. Roger HOEN; Vera Ing; Merritt D. Long, in their official capacities as members of the Washington State Liquor Control Board; Washington Beer & Wine Wholesalers Association, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2008.

Attorney(s) appearing for the Case

David J. Burman, Perkins Coie LLP, Seattle, WA, for the plaintiff-appellant.

Paul R. Romain and John C. Guadnola, Gordon Thomas Honeywell Malanca Peterson & Daheim LLP, Tacoma, WA, for the intervenor-appellee.

Before: CARLOS T. BEA and MILAN D. SMITH, JR., Circuit Judges, and JOSEPH M. HOOD, Senior Judge.

MILAN D. SMITH, JR., Circuit Judge:

In this appeal, we consider the circumstances in which an intervenor may be held liable for attorney's fees and costs under 42 U.S.C. § 1988(b) and 15 U.S.C. § 26. Costco Wholesale Corporation (Costco) brought claims against the Washington State Liquor Control Board and certain state officials (collectively, State Defendants), contending that several of Washington's liquor laws violate the Commerce Clause and federal antitrust...

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