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BYRD v. TN WINE & SPIRITS RETAILERS ASSOCIATION

No. 17-5552.

883 F.3d 608 (2018)

Clayton BYRD, in his official capacity as Executive Director of the Tennessee Alcoholic Beverage Commission; Tennessee Fine Wines and Spirits, LLC, dba Total Wine Spirits Beer & More; Affluere Investments, Inc., dba Kimbrough Fine Wine & Spirits, Plaintiffs-Appellees, v. TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 21, 2018.

Attorney(s) appearing for the Case

ARGUED: Richard L. Colbert, KAY GRIFFIN, PLLC, Nashville, Tennessee, for Appellant. William J. Murphy, ZUCKERMAN SPAEDER LLP, Baltimore, Maryland, for Appellee Tennessee Fine Wines and Spirits. Keith C. Dennen, FARRIS BOBANGO, PLC, Nashville, Tennessee, for Appellee Affluere Investments. ON BRIEF: Richard L. Colbert, John J. Griffin, Jr., Nina M. Eiler, KAY GRIFFIN, PLLC, Nashville, Tennessee, for Appellant. William J. Murphy, ZUCKERMAN SPAEDER LLP, Baltimore, Maryland, Edward M. Yarbrough, W. Justin Adams, BONE MCALLESTER NORTON PLLC, Nashville, Tennessee, for Appellee Tennessee Fine Wines and Spirits. Keith C. Dennen, FARRIS BOBANGO, PLC, Nashville, Tennessee, for Appellee Affluere Investments. Sarah K. Campbell, OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellee Clayton Byrd.

MOORE, J., delivered the opinion of the court in which DAUGHTREY, J., joined, and SUTTON, J., joined in part. SUTTON, J. (pp. 628-36), delivered a separate opinion concurring in part and dissenting in part.

OPINION

Defendant-Appellant Tennessee Wine and Spirits Retailers Association ("Association") appeals the district court's order granting summary judgment regarding § 57-3-204(b) of Tennessee Code Annotated. Under § 57-3-204(b), to receive a retailer-alcoholic-beverages license, a person, corporation...

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