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OERTEL BREWING COMPANY v. PORTWOOD

320 S.W.2d 317 (1959)

OERTEL BREWING COMPANY et al., Appellants, v. Alfred S. PORTWOOD, Commissioner of Alcoholic Beverage Control Board, et al., etc., Appellees.

Court of Appeals of Kentucky.

January 23, 1959.

Attorney(s) appearing for the Case

Will Tom Wathen, Morganfield, for appellants.

Thomas P. Bell, Frankfort, for appellees.

MILLIKEN, Judge.

The question presented on this appeal involves a cardinal problem in Public Administrative Law — whether a regulation promulgated by an administrative agency exceeds the powers given the agency by the Legislature.

The trial court dissolved a temporary restraining order prohibiting the appellees, the Alcoholic Beverage Control Board, from enforcing a regulation of the Board prohibiting certain promotional activity, including "treating...

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