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BATTIPAGLIA v. NEW YORK STATE LIQUOR

No. 80 Civ. 5701.

583 F.Supp. 8 (1982)

Jack R. BATTIPAGLIA and Bacchus Selections, Inc., Plaintiffs, v. NEW YORK STATE LIQUOR AUTHORITY, Defendant.

United States District Court, S.D. New York.

September 27, 1982.

Attorney(s) appearing for the Case

Mehler & Buscemi, New York City, for plaintiffs; Martin P. Mehler, New York City, of counsel.

Robert Abrams, Atty. Gen., State of N.Y., New York City, for defendant; August L. Fietkau, Asst. Atty. Gen., New York City, of counsel.

OPINION AND ORDER

OWEN, District Judge.

The plaintiffs are an owner of a retail package store and a wholesaler of wines. Defendant is the New York State Liquor Authority ("SLA"), charged by the New York state legislature with intrastate regulation and administration of the alcoholic beverage industry. Plaintiffs allege that Section 101-b of the New York State Alcoholic Beverage Control Law (the "ABC" Law) conflicts...

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