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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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