Arnold's Wines, Inc. v. Boyle, No. 07-4781
District court order granting defendants' motions to dismiss plaintiff's request for a declaratory judgment is affirmed where sections of the New York Alcoholic Beverage Control Laws banning direct sales to consumers by out-of-state liquor retailers and instituting a three-tier system for the regulation of alcoholic beverages evenhandedly regulate the importation and distribution of liquor within the state and do not discriminate against out-of-state producers in violation of the Commerce Clause, and thus are a valid exercise of the state's rights under the Twenty-first Amendment.
Read Arnold's Wines, Inc. v. Boyle, No. 07-4781
Appeal from the United States District Court for the Southern District of New York.
Argued January 29, 2009
Filed: July 1, 2009
Before: WALKER, CALABRESI, and WESLEY, Circuit Judges.
Opinion by WESLEY, District Judge.
For Plaintiff: Peter E. Seidman, Milberg LLP, New York, NY.
For Respondent: Richard P. Dearing, Assistant Solicitor General, New York, NY.
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