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LEBAMOFF ENTERPRISES, INC. v. SNOW

No. 1:09-cv-744-JMS-TAB.

757 F.Supp.2d 811 (2010)

LEBAMOFF ENTERPRISES, INC. d/b/a Cap N' Cork, Randy Lewandowski, and Luther Stroder, Plaintiffs, v. P. Thomas SNOW, in his official Capacity as Chairman of the Indiana Alcohol & Tobacco Commission, Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

December 6, 2010.

Attorney(s) appearing for the Case

James Alexander Tanford , Indiana University School of Law, Bloomington, IN, Jason A. Flora , Robert David Epstein , Epstein Cohen Donahoe Mendes & Seif, Indianapolis, IN, for Plaintiffs.

James J. Hutton , Office of the Indiana Attorney General, Indianapolis, IN, for Defendant.

ORDER

JANE MAGNUS-STINSON, District Judge.

Indiana law permits a wine dealer to make off-premises deliveries of wine to a location designated by a customer only if the delivery is made by the dealer itself or a dealer's employee who holds an employee permit. Ind.Code § 7.1-3-15-3(d). Plaintiffs Lebamoff Enterprises, Inc. d/b/a Cap N' Cork, is a Fort Wayne, Indiana wine dealer that would prefer to make off-premises deliveries through a common...

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