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LEBAMOFF ENTERPRISES, INC. v. SNOW

No. 1:09-cv-744-JMS-TAB.

757 F.Supp.2d 811 (2010)

LEBAMOFF ENTERPRISES, INC. d/b/a Cap N' Cork, Randy Lewandowski, and Luther Stroder, Plaintiffs, v. P. Thomas SNOW, in his official Capacity as Chairman of the Indiana Alcohol & Tobacco Commission, Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

December 6, 2010.

Attorney(s) appearing for the Case

James Alexander Tanford, Indiana University School of Law, Bloomington, IN, Jason A. Flora, Robert David Epstein, Epstein Cohen Donahoe Mendes & Seif, Indianapolis, IN, for Plaintiffs.

James J. Hutton, Office of the Indiana Attorney General, Indianapolis, IN, for Defendant.

ORDER

JANE MAGNUS-STINSON, District Judge.

Indiana law permits a wine dealer to make off-premises deliveries of wine to a location designated by a customer only if the delivery is made by the dealer itself or a dealer's employee who holds an employee permit. Ind.Code § 7.1-3-15-3(d). Plaintiffs Lebamoff Enterprises, Inc. d/b/a Cap N' Cork, is a Fort Wayne, Indiana wine dealer that would prefer to make off-premises deliveries through a common...

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