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CALIFORNIA LIQUOR DEALERS v. MIDCAL ALUMINUM

No. 79-97.

445 U.S. 97 (1980)

100 S.Ct. 937

63 L.Ed.2d 233

CALIFORNIA RETAIL LIQUOR DEALERS ASSN. v. MIDCAL ALUMINUM, INC., ET AL.

Supreme Court of United States.

Decided March 3, 1980.

Attorney(s) appearing for the Case

William T. Chidlaw argued the cause and filed briefs for petitioner.

Jack B. Owens argued the cause for respondent Midcal Aluminum, Inc. With him on the brief were Elliot S. Kaplan and Frank C. Damrell, Jr.

George J. Roth, Deputy Attorney General of California, argued the cause for the State of California as amicus curiae urging reversal. With him on the brief was George Deukmejian, Attorney General.*

Briefs of amici curiae urging affirmance were filed by Solicitor General McCree, Assistant Attorney General Shenefield, Deputy Solicitor General Wallace, Elinor Hadley Stillman, Barry Grossman, Ron M. Landsman, and Michael N. Sohn for the United States; and by A. Kirk McKenzie for Consumers Union of United States, Inc.

MR. JUSTICE POWELL delivered the opinion of the Court.

In a state-court action, respondent Midcal Aluminum, Inc., a wine distributor, presented a successful antitrust challenge to California's resale price maintenance and price posting statutes for the wholesale wine trade. The issue in this case is whether those state laws are shielded from the Sherman Act by either the "state action" doctrine of Parker v. Brown...

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