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MONROE BEVERAGE CO. v. STROH BREWERY CO.

Docket No. 157059.

211 Mich. App. 286 (1995)

535 N.W.2d 253

MONROE BEVERAGE COMPANY, INC v. STROH BREWERY COMPANY

Michigan Court of Appeals.

Decided June 2, 1995, at 9:10 A.M.

Attorney(s) appearing for the Case

Amberg, McNenly, Zuschlag, Firestone & Lee, P.C. (by Dirk F. Zuschlag and Michael K. Lee), for Monroe Beverage Company, Inc.

Butzel Long (by Philip J. Kessler), and Ufer Spaniola Fallucca & Cheli, P.C. (by David H. Oermann and Kevin F. O'Shea), for Stroh Brewery Company. Detroit, Bloomfield Hills

Amici Curiae:

Willingham & Cote, P.C. (by Ray Foresman and Anthony S. Kogut), for the Michigan Beer & Wine Wholesalers Association.

Dickinson, Wright, Moon, Van Dusen & Freeman (by John A. Krsul, Jr., and Robert W. Powell), for the Beer Institute.

Before: MARILYN KELLY, P.J., and J.H. GILLIS and M.D. SCHWARTZ, JJ.

MARILYN KELLY, P.J.

Defendant, The Stroh Brewery Company, appeals by leave granted from the denial of a motion for partial summary disposition pursuant to MCR 2.116(C)(8). On appeal, Stroh asserts that the trial court erred in concluding that plaintiff, Monroe Beverage Company, Inc., had standing to pursue a cause of action against Stroh under the provisions of MCL 436.30b et seq.; MSA 18.1001(2) et seq. It also challenges the constitutionality of MCL...

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