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INDIANA ALCOHOLIC BEVERAGE COMM. v. DEETS

No. 19,546.

133 Ind. App. 444 (1962)

179 N.E.2d 217

INDIANA ALCOHOLIC BEVERAGE COMMISSION v. DEETS, ETC.

Court of Appeals of Indiana.

Rehearing denied March 6, 1962.

Transfer denied June 12, 1962.

Attorney(s) appearing for the Case

Edwin K. Steers, Attorney General, and John E. Hirschman, Deputy Attorney General, for appellant, Indiana Alcoholic Beverage Commission and Members thereof.

Joseph F. Quill and John G. McNutt, both of Indianapolis, for appellant, Paul Stoner and others similarly situated.

Max C. Shirley, Ralph L. Helms, Shirley & Helms, G. Richard Ellis and Ellis & Kinsey, all of Kokomo, for appellee.

KELLEY, P.J.

Appellee, operator of a package liquor store under and pursuant to a liquor dealers' permit, allegedly Class "B", issued by the appellant, Indiana Alcoholic Beverage Commission, hereinafter referred to as the Commission, alleging that the latter had refused to permit him to offer or display for sale alcoholic malt beverages, which were "iced or cooled" by him before or at the time of the sale thereof, instituted this proceeding as a class action...

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