Collins Wholesale Distributing Company v. E. & J. Gallo Winery

I agree with the majority that Empire Distributors of North Carolina, Inc. v. Schieffelin & Co., 859 F.2d 1200 (4th Cir.1988), is binding authority in this Circuit and requires that we on the panel here hold that Collins Wholesale Distributing Company (“Collins”) had no standing to sue for the alleged violations of N.C.Gen.Stat. § 18B-1206(a). However, I believe Empire Distributors was wrongly decided and, on that basis, I write separately to urge the Court to rehear the present case en banc in order to correct Empire Distributors’ erroneous interpretation of North Carolina law.

I

Empire…