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MAYNARD & CHILD, INC. v. SHEARER

290 S.W.2d 790 (1955)

MAYNARD & CHILD, Inc., a Massachusetts Corporation, Appellant, v. Guy C. SHEARER, Commissioner of the Department of Alcoholic Beverage Control, et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing June 22, 1956.

Attorney(s) appearing for the Case

Booth, Booth & Humphrey, Louisville, for appellant.

J. D. Buckman, Jr., Atty. Gen., Hal Williams, Asst. Atty. Gen., for appellees.

E. Gaines Davis, Jr., Frankfort, Ky., Smith, Reed & Leary, Frankfort, Ky., amicus curiae.

HOGG, Judge.

Maynard & Child, Inc., instituted a declaratory judgment suit in the Franklin Circuit Court whereby it sought the restoration to it of certain whiskey it had shipped by interstate carrier from Maryland to Kentucky, which was seized in transit by the appellee, Guy C. Shearer, Commissioner of the Department of Alcoholic Beverage Control. The appellee threatened to confiscate the whiskey for non-payment of import and consumer taxes. Shearer filed a general...

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