Legal Opinion

Somerset Importers, Ltd. v. Alcoholic Beverages Control Commission

Massachusetts Appeals Court

Decided March 19, 1990No. 88-P-923PublishedCited by 11 opinions

1Opinion of the CourtKass, J.

What produced the controversy is that Somerset Importers, Ltd. (Somerset), refused to sell to New England Liquor Sales Co., Inc. (New England), as much Tanqueray gin, a brand name product, as the latter wanted to buy. This raised the question whether, within the meaning of G. L. c. 138, § 25E, the statutory phrase “refusal to sell” means a partial curtailment of sales as well as an entire discontinuance of sales.

The Alcoholic Beverages Control Commission (ABCC) concluded that the limitation on quantity which Somerset sought to impose transgressed the statute and ordered that Somerset sell to…

2Cases cited18 opinions

  1. Seagram Distillers Co. v. Alcoholic Beverages Control CommissionMassachusetts Supreme Judicial Court · 1988
  2. Cleary v. Cardullo's, Inc.Massachusetts Supreme Judicial Court · 1964
  3. Amherst-Pelham Regional School Committee v. Department of EducationMassachusetts Supreme Judicial Court · 1978
  4. J. & J. ENTERPRISES, INC. v. MartignettiMassachusetts Supreme Judicial Court · 1976
  5. School Committee v. Massachusetts Commission Against DiscriminationMassachusetts Supreme Judicial Court · 1972

13 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Livoli v. Zoning Board of AppealsMassachusetts Appeals Court · 1997
  2. Trustees of Health & Hospitals of the City of Boston, Inc. v. Massachusetts Commission Against DiscriminationMassachusetts Appeals Court · 2005
  3. Whitehall Co. v. Merrimack Valley Distributing Co.Massachusetts Appeals Court · 2002
  4. Heublein, Inc. v. Capital Distributing Co.Massachusetts Supreme Judicial Court · 2001
  5. Anheuser-Busch, Inc. v. Alcoholic Beverages Control CommissionMassachusetts Appeals Court · 2009

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API