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STATE v. YOUNG

No. 32851.

44 N.W.2d 806 (1950)

153 Neb. 395

STATE ex rel. NEBRASKA BEER WHOLESALERS ASS'N et al. v. YOUNG et al.

Supreme Court of Nebraska.

December 8, 1950.

Attorney(s) appearing for the Case

C. S. Beck, Atty. Gen., Homer L. Kyle, Asst. Atty. Gen., for appellants.

Max V. Beghtol, Lincoln, John L. Riddell, York, for appellees.

W. C. Fraser and Jack W. Marer, Omaha, amici curiae.

Heard before SIMMONS, C. J., CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

WENKE, Justice.

This mandamus action was commenced in the district court for Lancaster County against the members of the Nebraska Liquor Control Commission to require them to revoke their rule No. 44 which was promulgated by them on November 3, 1949, particularly paragraphs 3 and 4 thereof. The defendants filed an answer which, among other things, admitted the allegations of fact as alleged in the petition. The cause was submitted on the pleadings. The trial court...

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