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CANADA DRY GINGER ALE, INC. v. F & A DISTRIB. CO.

28 N.J. 444 (1958)

147 A.2d 15

CANADA DRY GINGER ALE, INC., APPELLANT, v. F & A DISTRIBUTING CO., GILLHAUS BEVERAGE CO., INC., MERCHANTS WINE AND LIQUOR CO., AND DIVISION OF ALCOHOLIC BEVERAGE CONTROL, RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 15, 1958.

Attorney(s) appearing for the Case

Mr. Edward J. O'Mara argued the cause for the appellant (Messrs. O'Mara, Schumann, Davis & Lynch, attorneys).

Mr. Harold H. Fisher argued the cause for the respondents F & A Distributing Co., Gillhaus Beverage Co., Inc., Merchants Wine and Liquor Co. (Messrs. Green & Yanoff, attorneys; Messrs. Shanley & Fisher, of counsel).

Mr. Samuel B. Helfand, Deputy Attorney General, argued the cause for the Division of Alcoholic Beverage Control (Mr. David D. Furman, Attorney General, attorney).

The opinion of the court was delivered by PROCTOR, J.

This is an appeal by Canada Dry Ginger Ale, Inc., under R.R. 4:88-8, from an order of the Director of the Division of Alcoholic Beverage Control granting relief on three separate petitions filed pursuant to N.J.S.A. 33:1-93.1 et seq. This section of the Alcoholic Beverage Law, N.J.S.A. 33:1-1 et seq., prohibits a distiller of alcoholic liquors from arbitrarily refusing to sell...

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