United States DC Circuit

Grant of temporary restraining order and summary judgment for plaintiff liquor licensees against a moratorium barring retailers from breaking manufacturers' packages of multiple containers of beer and selling a single container of 70 ounces or less is vacated as the district court lacked jurisdiction since plaintiffs' federal claims are insubstantial.

Appellate Information

• Argued 02/02/2007
• Decided 02/27/2007
• Published 02/27/2007

Judges

• Before:  GINSBURG, Chief Judge, and GRIFFITH, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Paul R.Q. Wolfson was on the brief for amici curiae South Columbia Heights Neighborhood Association and North Columbia Heights Neighborhood Association.   With him on the brief was David F. Olsky.


• For Appellees:
  
• Donna M. Murasky, Senior Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for appellants/cross-appellees.   With her on the briefs were Todd S. Kim, Solicitor General, and Edward E. Schwab, Deputy Solicitor General., Craig C. Reilly argued the cause for appellees/cross-appellants.   With him on the briefs were Paul Pascal and Hanoi Veras., Scott M. Hammack argued the cause for amicus curiae American Civil Liberties Union of the National Capital Area in support of appellees/cross-appellants.   With him on the brief were Arthur B. Spitzer, Jonathan D. Hacker, and Jason A. Abel.