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MONARCH BEVERAGE CO., INC. v. COOK

No. 49A02-1504-PL-245.

48 N.E.3d 325 (2015)

MONARCH BEVERAGE COMPANY, INC., Appellant-Plaintiff, v. David COOK, in his official capacity as Chairman of the Indiana Alcohol and Tobacco Commission, et al., Appellees-Defendants.

Court of Appeals of Indiana.

December 17, 2015.

Attorney(s) appearing for the Case

Richard A. Smikle , Derek R. Molter , Ice Miller LLP, Indianapolis, IN, Barry S. Simon , Kannon K. Shanmugam , Allison B. Jones , Amy Mason Saharia , Katherine Moran Meeks , Williams & Connolly LLP, Washington, D.C., Attorneys for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Thomas M. Fisher , Solicitor General, Heather Hagan McVeigh , Lara Langeneckert , Deputy Attorneys General, Indianapolis, IN, Attorneys for Appellees.

Michael P. Maxwell, Jr. , John B. Herriman , Clark Quinn Moses Scott & Grahn, LLP, Indianapolis, IN, Attorneys for Amicus Curiae Wine & Spirits Distributors of Indiana.

Steven M. Badger , Matthew P. Thielemann , Badger Law, Carmel, IN, Attorneys for Amicus Curiae The Indiana Beverage Alliance.

Indiana's Alcoholic Beverages Law, which consists of several statutory provisions ("the Prohibited Interest Provisions"), prohibits alcohol wholesalers from holding interests in both beer and liquor permits. Monarch Beverage Company, Inc. ("Monarch") filed a complaint against David Cook, in his official capacity as Chairman of the...

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