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MILLER v. HEDLUND

Civ. No. 78-259-FR.

695 F.Supp. 1092 (1988)

Elsie Viola MILLER and Oretta, Bernice Lancaster, doing business as the Junction Cafe and Tavern; Taylor's Coffee Shop, Inc., dba Rennie's Landing; and Wian, Inc., dba Barney's Cable, Plaintiffs, v. William H. HEDLUND; Sylvia S. Bedingfield; Reuben A. Worster; Stan Auderkirk; and Jill Thorne, individually in their representative capacities as the Commissioners of the Oregon Liquor Control Commission; C. Dean Smith, individually in his capacity as Administrator for the Oregon Liquor Control Commission, Spear Beverage Co., Inc. and Coast Distributors, Inc., Defendants.

United States District Court, D. Oregon.

June 13, 1988.

Attorney(s) appearing for the Case

David W. Axelrod, Schwabe, Williamson & Wyatt, Portland, Or., for plaintiffs.

Dave Frohnmayer, Atty. Gen., Arden J. Olson, Asst. Atty. Gen., Sp. Litigation Unit, Dept. of Justice, Salem, Or., for defendants.

OPINION

FRYE, District Judge:

The matters before the court are the parties' cross motions for summary judgment.

The issue before the court is whether the interests of the State of Oregon in regulating the pricing of beer and wine is so closely related to the powers reserved to the State of Oregon by the Twenty-first Amendment to the United States Constitution that its rules and regulations are valid despite their direct conflict with express federal...

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