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SOUTHERN WINE & SPIRITS OF AMERICA v. HEINEMAN

No. 4:07CV3244.

534 F.Supp.2d 1001 (2008)

SOUTHERN WINE & SPIRITS, OF AMERICA, INC., a Florida Corporation; Southern Wine & Spirits of Nebraska, Inc., a Florida Corporation; Harvey R. Chaplin; Wayne E. Chaplin; and Steven R. Becker, Plaintiffs, v. David HEINEMAN, in his official capacity as Governor of the State of Nebraska; Jon Bruning, in his official capacity as Attorney General of the State of Nebraska; Nebraska Liquor Control Commission; and Robert Logsdon, Pat Thomas, and Rhonda Flower, in their official capacities as members of the Nebraska Liquor Control Commission, Defendants.

United States District Court, D. Nebraska.

February 14, 2008.

Attorney(s) appearing for the Case

Angela Probasco, Kathryn E. Jones, Thomas J. Kenny, Kutak Rock LLP, Omaha, NE, Norman M. Krivosha, Naples, FL, for Plaintiffs.

Jodi M. Fenner, Nebraska Department of Health and Human Services, L. Jay Bartel, Milissa D. Johnson-Wiles, Attorney General's Office, Lincoln, NE, for Defendants.

MEMORANDUM AND ORDER

RICHARD G. KOPF, District Judge.

The plaintiffs sued Nebraska officials and the Liquor Control Commission contending that a recent license law passed by the legislature is unconstitutional. After initially defending the law, the defendants reconsidered and now formally concede that a portion of the new law, the "Grandfather Clause," is unconstitutional. Consequently, the focal point of...

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