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BLACK STAR FARMS LLC v. OLIVER

No. 08-15738.

600 F.3d 1225 (2010)

BLACK STAR FARMS LLC; John Norton; Gary Frisch; Michelle Frisch; David Monheit; Melissa Monheit, Plaintiffs-Appellants, v. Jerry OLIVER, in his official capacity as Director of the State of Arizona Department of Liquor License and Control, Defendant-Appellee, Alliance Beverage Distributing Company LLC, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 13, 2010.

Attorney(s) appearing for the Case

James A. Tanford, Indiana University School of Law, Bloomington, IN, for the plaintiffs-appellants.

Kathleen P. Sweeney, Assistant Attorney General, Phoenix, AZ, for the defendant-appellee.

Deborah A. Skakel, Dickstein Shapiro LLP, New York, NY, for the intervenor-defendant-appellee.

Kevin E. O'Malley, Gallagher & Kennedy, P.A., Phoenix, AZ, for the defendant-intervenor-appellee.

Before: STEPHEN S. TROTT and CARLOS T. BEA, Circuit Judges, and SUZANNE B. CONLON, District Judge.

TROTT, Circuit Judge:

This case involves a Michigan winery's claim that certain provisions of Arizona's statutory scheme regulating the direct shipment of wine from wineries—whether located in-state or out-of-state—to Arizona consumers violate the dormant Commerce Clause. The Plaintiffs-Appellants (collectively "Black Star Farms") claim that those provisions, in practical effect, unlawfully discriminate against out-of-state wineries.

Arizona...

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