Red Sky, Inc. v. Pennsylvania State Police, Bureau of Liquor Control Enforcement

I respectfully dissent. I believe the majority opinion erred in holding that if a manufacturer packages beer containers together, in this case, 24 beer cans in a cardboard tray or box, then beer distributors are precluded from replacing damaged cans in a case with intact cans from other damaged cases to make a full case. The definition of “original container” as used in Section 441(a) of the Liquor Code1 means only that the beer must be in the same container that holds the liquid as sealed by the manufacturer but not in the same overall package. To adopt the majority’s view, if a manufacturer…