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BEVERAGE DISTRIBUTORS v. SHEARER

249 S.W.2d 153 (1952)

BEVERAGE DISTRIBUTORS, Inc., v. SHEARER.

Court of Appeals of Kentucky.

May 23, 1952.

Attorney(s) appearing for the Case

Funk, Chancellor & Marshall, Frankfort, for appellant.

Gilbert Burnett, Frank W. Burke, Louisville, for appellee.

WADDILL, Commissioner.

The appellant, Beverage Distributors, Incorporated, filed this declaratory judgment action seeking to have the court determine whether it may legally sell and distribute in Kentucky a product labeled "Apple Vat 36" without complying with the Alcoholic Beverage Control Act, KRS, Ch. 241, or the Local Option Law, KRS, Ch. 242. The circuit court's judgment declared "Apple Vat 36" to be an alcoholic hard cider, subject to and within the purview...

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