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324 LIQUOR CORP. v. DUFFY

No. 84-2022.

479 U.S. 335 (1987)

107 S.Ct. 720

93 L.Ed.2d 667

324 LIQUOR CORP., DBA YORKSHIRE WINE & SPIRITS v. DUFFY ET AL.

Supreme Court of United States.

Decided January 13, 1987

Attorney(s) appearing for the Case

Bertram M. Kantor argued the cause for appellant. With him on the briefs were Michael H. Byowitz and Seymour Howard.

Deputy Assistant Attorney General Cannon argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Fried, Assistant Attorney General Ginsburg, Deputy Solicitor General Cohen, Harriet S. Shapiro, Catherine G. O'Sullivan, and Andrea Limmer.

Christopher Keith Hall, Assistant Attorney General of New York, argued the cause for appellees. With him on the brief were Robert Abrams, Attorney General, O. Peter Sherwood, Solicitor General, and Richard G. Liskov, Lloyd Constantine, and August L. Fietkau, Assistant Attorneys General.*

Martin P. Mehler filed a brief for Metropolitan Package Store Association, Inc., et al. as amici curiae.

JUSTICE POWELL delivered the opinion of the Court.

The State of New York requires retailers to charge at least 112 percent of the "posted" wholesale price for liquor, but permits wholesalers to sell to retailers at less than the "posted" price. The question presented is whether this pricing system is valid under either the state-action exemption from the antitrust laws or the Twenty-first Amendment.

I

A

Wholesalers of liquor in the State...

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