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RALPHS GROCERY CO. v. REIMEL

Docket No. L.A. 29530.

69 Cal.2d 172 (1968)

444 P.2d 79

70 Cal. Rptr. 407

RALPHS GROCERY CO. et al., Plaintiffs and Respondents, v. JAMES O. REIMEL, as Director of the Department of Alcoholic Beverage Control et al., Defendants and Appellants.

Supreme Court of California. In Bank.

August 12, 1968.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, and Lynn Henry Johnson, Deputy Attorney General, for Defendants and Appellants.

Albert G. Evans as Amicus Curiae on behalf of Defendants and Appellants.

Steck & Marston and Emil Steck, Jr., for Plaintiffs and Respondents.

Miller, Groezinger, Pettit, Evers & Martin and James T. Caleshu as Amici Curiae on behalf of Plaintiffs and Respondents.

TOBRINER, J.

In 1951 the Department of Alcoholic Beverage Control, claiming to act pursuant to authority conferred upon it by section 22 of article XX of the California Constitution and sections 25006 and 25750 of the Business and Professions Code,1 promulgated rule 105(a) (Cal. Admin. Code, tit. 4, § 105, subpar. (a)). With minor modifications, this rule has been in effect continuously...

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