Legal Opinion

Mark IV Beverage, Inc. v. Molson Breweries USA, Inc.

Court of Appeals of North Carolina

Decided May 19, 1998No. COA97-470PublishedCited by 11 opinions

1Opinion of the Court

TIMMONS-GOODSON, Judge.

Defendants appeal from a judgment, wherein the trial court concluded that the term “brand,” as used in the North Carolina Beer Franchise Law (hereinafter “BFL”), denotes a common identifying name, rather than a specific malt beverage. Defendants contend that the trial court’s interpretation contravenes well-settled canons of statutory construction. However, having carefully reviewed defendants’ assignments of error, we uphold the trial court’s interpretation. The pertinent facts follow.

In North Carolina, malt beverages are distributed and sold by means of a three-tier…

2Cases cited24 opinions

  1. Ferguson v. SkrupaSupreme Court of the United States · 1963
  2. Koufman v. KoufmanSupreme Court of North Carolina · 1991
  3. State ex rel. Utilities Commission v. Lumbee River Electric Membership Corp.Supreme Court of North Carolina · 1969
  4. Humphries v. City of JacksonvilleSupreme Court of North Carolina · 1980
  5. State Ex Rel. Utilities Commission v. Public Staff-North Carolina Utilities CommissionSupreme Court of North Carolina · 1983

19 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Polaroid Corp. v. OffermanSupreme Court of North Carolina · 1998
  2. City of Asheville v. StateCourt of Appeals of North Carolina · 2008
  3. In Re a Declaratory Ruling by the North Carolina Commissioner of Insurance Regarding 11 N.C.A.C. 12.0319Court of Appeals of North Carolina · 1999
  4. FormyDuval v. BunnCourt of Appeals of North Carolina · 2000
  5. Dalenko v. Wake County Department of Human ServicesCourt of Appeals of North Carolina · 2003

6 more not listed; retrieve them via the Exa API.

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