Barco Beverage Corp. v. Indiana Alcoholic Beverage Commission

HOFFMAN, Judge,

dissenting.

I do not concur in the opinion on rehearing.

Our opinion may be at odds with the decisions of BeerMart, Inc. v. Stroh Brewery Co. (7th Cir.1986), 804 F.2d 409; Lafayette Beverage Distrib., Inc. v. Anheuser-Busch, Inc. (N.D.Ind.1982), 545 F.Supp. 1137; and Anheuser-Busch, Inc. v. Hammons (S.D.Ind.1984), No. IP79-815-C, however, that is of little moment. Those opinions have no more precedential value than opinions from any other state or the trial bench of Ohio.

I would deny the petition for rehearing without opinion.