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CENTRAL LIQUOR v. OKL. ALCOHOLIC BEV. CONTROL

Nos. 57284, 57394.

640 P.2d 1351 (1982)

CENTRAL LIQUOR COMPANY, a partnership composed of Robert Z. Naifeh, Appellee, and Stuart S. Carey, d/b/a Metro Beverage Company, Appellee, v. OKLAHOMA ALCOHOLIC BEVERAGE CONTROL BOARD, composed of Joan Blankenship, Heber Finch, Winston Boydston, Randall Spears and Allen Morain as Members and Richard Crisp as Director of the Alcoholic Beverage Control Board, Appellants, and Joseph E. Seagrams and Sons, Inc., an Indiana corporation, Appellant, and Heublein, Inc., a corporation, Appellant, and Oklahoma Retail Liquor Association, Amicus Curiae, and Bacardi Imports, Inc., Amicus Curiae.

Supreme Court of Oklahoma.

February 9, 1982.

Attorney(s) appearing for the Case

Jeff L. Hartmann, Oklahoma City, for appellee Central Liquor Co.

Spradling, Alpern, Friot & Gum by Stephen P. Friot, Oklahoma City, for appellee Stuart S. Carey, d/b/a Metro Beverage Co.

Jan Eric Cartwright, Atty. Gen., Michael C. Conaway, and James B. Franks, Asst. Attys. Gen., Deputy Chief, Civ. Div., Oklahoma City, for appellants Oklahoma Alcoholic Beverage Control Board, Etc.

Crowe & Dunlevy by D. Kent Meyers, Oklahoma City, Pillsbury, Madison & Sutro by Parker A. Maddux, San Francisco, Cal., Fuller, Tubb & Pomeroy by Jerry Tubb, Oklahoma City, M. Jacqueline McCurdy, Vice-President — Regulatory Counsel, New York City, for appellant Joseph E. Seagram & Sons, Inc.

Hastie & Kirschner by John W. Swinford, Jr., Oklahoma City, Howrey & Simon by Ralph J. Savarese, Ray A. Jacobsen, Jr. and Mary C. Lyons, Washington, D.C., for appellant Heublein, Inc.

J.W. Doolin, Lawton, for amicus curiae Oklahoma Retail Liquor Assn.

Crowe & Dunlevy by Val R. Miller, Oklahoma City, for amicus curiae Bacardi Imports, Inc.

HODGES, Justice.

The seminal question presented is whether non-resident sellers of intoxicants can be compelled to sell Oklahoma wholesalers substantial quantities of alcoholic beverages for resale in other states at prices controlled by the Oklahoma Statutes.

In 1978, appellees, Central Liquor Company, a partnership comprised of Robert Z. and Franklin Naifeh (Central) and Stuart Carey, d/b/a Metro Beverage Company...

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