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LL LIQUOR, INC. v. MONTANA

No. 17-35405.

912 F.3d 533 (2018)

LL LIQUOR, INC., dba Lolo Liquor, Plaintiff-Appellant, v. State of MONTANA; Steve Bullock, in His Official Capacity as the Governor of Montana; Montana Department of Revenue; Mike Kadas, in His Official Capacity as the Director of the Montana Department of Revenue; John Does, 1 Through 10, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 28, 2018.

Attorney(s) appearing for the Case

Jesse C. Kodadek (argued) and Ronald A. Bender, Worden Thane P.C., Missoula, Montana, for Plaintiff-Appellant.

Christopher Thayne Sweeney (argued) and W. Anderson Forsythe, Moulton Bellingham PC, Billings, Montana, for Defendants-Appellees.

Before: Marsha S. Berzon, Stephanie Dawn Thacker, and Andrew D. Hurwitz, Circuit Judges.

OPINION

The sale of liquor in Montana is heavily regulated. Montana maintains a monopoly on the distribution of liquor within the state through the Montana Department of Revenue (DOR). See Duane C. Kohoutek, Inc. v. State Dep't of Revenue, 391 Mont. 345,

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