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NORMAN'S ON THE WATERFRONT, INC. v. WHEATLEY

Civ. No. 95-1969.

317 F.Supp. 247 (1970)

NORMAN'S ON THE WATERFRONT, INC., Plaintiff, v. Reuben B. WHEATLEY, Commissioner of Finance and Chairman of the Board of Alcoholic Beverages, and the Board of Alcoholic Beverages, Defendants, A. H. Riise Liquor Store, Inc., Charles Bellows & Co., Ltd., the General Trading Corporation, and International Liquors, Inc., Interveners.

District Court, Virgin Islands, D. St. Thomas and St. John.

August 14, 1970.

Attorney(s) appearing for the Case

Thomas D. Ireland, Charlotte Amalie, V. I., and Franklin Poul, of Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for plaintiff.

Peter J. O'Dea, Atty. Gen. of the Virgin Islands, Charlotte Amalie, V. I., for defendants.

Corneiro & Gibbs (Howard K. Gibbs, Charlotte Amalie, V. I., of counsel), and Herbert A. Bergson and Samuel H. Seymour, Bergson, Borkland, Margolis & Adler, Washington, D. C., for interveners.

MEMORANDUM

CHRISTIAN, Chief Judge.

This is an action for declaratory relief and injunction against enforcement of the Virgin Islands Alcoholic Beverages Fair Trade Law, 8 V.I.C. §§ 150-160. The action is now before the Court on plaintiff's motion for a preliminary injunction.

The statute under attack provides that each producer, importer or wholesaler of a brand of alcoholic beverage must file a wholesale price schedule which will fix the...

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