Cellarmaster Wines of Missouri, Inc. v. Kennedy

MEMORANDUM AND ORDER

EARL E. O’CONNOR, Chief Judge.

This matter comes before the court on the motion of plaintiff Cellarmaster Wines of Missouri, Inc., (Cellarmaster) for a preliminary injunction. Cellarmaster and defendant Thomas J. Kennedy, Director of the Kansas Department of Revenue’s Alcoholic Beverage Control Division, (the Director) have submitted a “Stipulation of Facts” to accompany the motion. For the reasons set out below, we will deny the injunction.

I. Facts.

The following nine paragraphs constitute the Stipulation of Facts submitted by the parties. (We note that the ninth…