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

No. 19428.

444 F.2d 1011 (1971)

NORMAN'S ON THE WATERFRONT, INC. v. Reuben B. WHEATLEY, Commissioner of Finance and Chairman of the Board of Alcoholic Beverages, and the Board of Alcoholic Beverages, A. H. Riise Liquor Store, Inc., Charles Bellows & Co., Ltd., the General Trading Corporation and International Liquors, Inc. (Intervenors in D. C.). Appeal of A. H. RIISE LIQUOR STORE, INC., the General Trading Corporation and International Liquors, Inc.

United States Court of Appeals, Third Circuit.

Decided June 17, 1971.

Attorney(s) appearing for the Case

Howard Adler, Jr., Bergson, Borkland, Margolis & Adler, Washington, D. C. (Howard Gibbs, Corneiro & Gibbs, Charlotte Amalie, V. I., Herbert A. Bergson, Norman G. Knopf, Washington, D. C., on the brief), for appellants.

Franklin Poul, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa. (Thomas D. Ireland, Charlotte Amalie, V. I., on the brief), for appellee.

Richard W. McLaren, Asst. Atty. Gen., Robert M. Carney, U. S. Atty., Roland W. Donnem, Joseph F. Rosenthal, Attys., Dept. of Justice, Washington, D. C., for the United States as amicus curiae.

Before HASTIE, Chief Judge, and ADAMS and GIBBONS, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This case presents a difficult problem regarding the effect of the antitrust laws upon the validity of the Virgin Islands Alcoholic Beverages Fair Trade Law, 8 V.I.C. §§ 150-160. The Legislature of the Virgin Islands enacted this law on February 10, 1969, but on March 12, 1969, before the law was to become effective, Norman's on the Waterfront, Inc. (Norman's) brought this suit in the United States District...

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