Pastens Wine & Spirits Co. v. Alcoholic Beverages Control Commission

The plaintiff, Pastene Wine & Spirits Co., Inc. (Pastene), is a liquor wholesaler licensed under G. L. c. 138, § 18 (1986 ed.). In 1981, Pastene commenced proceedings before the Alcoholic Beverages Control Commission (ABCC), alleging that the defendant M-H U.S.A. Corp., a liquor importer, was violating G. L. c. 138, § 25E, by refusing to sell Pastene certain alcoholic beverages.2 An ABCC ruling in favor of M-H U.S.A. was affirmed by the Superior Court. The Appeals Court reversed, however, on the ground that the ABCC lacked a quorum at the time it rendered its decision because the term of one…