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CHERRY HILL VINEYARDS, LLC v. LILLY

No. 07-5128.

553 F.3d 423 (2008)

CHERRY HILL VINEYARDS, LLC; William G. Schneider, Jr.; John D. Reilly, Jr., Plaintiffs-Appellees, v. Christopher L. LILLY, in his official capacity as Executive Director of the Kentucky Office of Alcoholic Beverage Control, Defendant, Wine and Spirits Wholesalers of Kentucky, Inc., Intervening Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 24, 2008.

Attorney(s) appearing for the Case

ARGUED: Kenneth S. Handmaker, Middleton & Reutlinger, Louisville, Kentucky, for Appellant. James Alexander Tanford, Indiana University School of Law, Bloomington, Indiana, for Appellees. ON BRIEF: Kenneth S. Handmaker, Kevin L. Chlarson, Middleton & Reutlinger, Louisville, Kentucky, Daniel R. Meyer, Louisville, Kentucky, for Appellant. James Alexander Tanford, Indiana University School of Law, Bloomington, Indiana, for Appellees. Carter G. Phillips, Sidley Austin LLP, Washington, D.C., Robert S. Jones, Office of the Attorney General, Frankfort, Kentucky, for Amici Curiae.

Before: CLAY and GRIFFIN, Circuit Judges; STAFFORD, Senior District Judge.

OPINION

CLAY, Circuit Judge.

Intervenor Wine and Spirits Wholesalers of Kentucky, Inc., appeals the district court's grant of partial summary judgment to Plaintiffs Cherry Hill Vineyards, LLC, William G. Schneider, Jr., and John D. Reilly, Jr. Plaintiffs filed suit pursuant to 42 U.S.C. § 1983, successfully challenging the constitutionality of certain provisions of Kentucky's laws regulating small farm wineries. The district court ruled, pursuant to...

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