Of the District of New Hampshire, sitting by designation.
United States Court of Appeals
For the First Circuit
No. 09-1169FAMILY WINEMAKERS OF CALIFORNIA, STEPHEN J. POOR, III, M.D.,GERALD C. LEADER,Plaintiffs, Appellees,v.EDDIE J. JENKINS, in his official capacity as Chairman of theMassachusetts Alcoholic Beverages Control Commission; ROBERT H.CRONIN and SUSAN CORCORAN, in their official capacities asAssociate Commissioners of the Massachusetts Alcoholic BeveragesControl Commission,Defendants, Appellants.ON APPEAL FROM THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MASSACHUSETTS[Hon. Rya W. Zobel, U.S. District Judge]BeforeLynch, Chief Judge,Stahl, Circuit Judge, and DiClerico, District Judge.
David Hadas, Assistant Attorney General, with whom MarthaCoakley, Attorney General of the State of Massachusetts, and ThomasA. Barnico, Assistant Attorney General, were on brief for theappellants.Michael D. Madigan, with whom Stephen M. Diamond and Madigan,Dahl & Harlan, P.A., were on brief for the National BeerWholesalers Association, amicus curiae.Lisa Hibner Tavani, Deputy Attorney General, with whom AnneMilgram, Attorney General of the State of New Jersey, and Lorinda
Case: 09-1169 Document: 00116002754 Page: 1 Date Filed: 01/14/2010 Entry ID: 5408935