Legal Opinion

Simms v. Farris

District Court, E.D. Kentucky

Decided March 3, 1987No. Civ. A. No. 85-86PublishedCited by 3 opinions

1Opinion of the Court

REVISED OPINION

BERTELSMAN, District Judge:

The court previously entered an Opinion and Judgment dismissing the complaint herein. Because of certain matters raised in a motion to vacate, however, that motion is now sustained, and this revised Opinion is substituted for the original.

This action attacks the validity of a Kentucky statute which regulates the number and location of liquor licenses that may be issued in the unincorporated areas of certain counties in Kentucky. The attack is founded on the contention that the statute effectively grants the first licensee in certain areas a monopoly…

2Cases cited19 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc.Supreme Court of the United States · 1980
  3. California v. LaRueSupreme Court of the United States · 1973
  4. Schwegmann Bros. v. Calvert Distillers Corp.Supreme Court of the United States · 1951
  5. Brown-Forman Distillers Corp. v. New York State Liquor AuthoritySupreme Court of the United States · 1986

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3Cited by3 opinions

  1. Hope for Families & Community Service, Inc. v. WarrenDistrict Court, M.D. Alabama · 2010
  2. Maxwell's Pic-Pac, Inc v. Tony DehnerCourt of Appeals for the Sixth Circuit · 2014
  3. Maxwell's Pic-Pac, Inc. v. DehnerDistrict Court, W.D. Kentucky · 2012

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