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TERRY CARPENTER, INC. v. NEBRASKA LIQUOR CON. COM'N

No. 35367.

120 N.W.2d 374 (1963)

175 Neb. 26

TERRY CARPENTER, INC., Appellee, v. NEBRASKA LIQUOR CONTROL COMMISSION, Vernon O. Taylor, Commissioner, Ray Osborn, Commissioner, Francis V. Robinson, Commissioner and Walter C. Haase, Secretary, Appellants.

Supreme Court of Nebraska.

March 8, 1963.

Attorney(s) appearing for the Case

Clarence A. H. Meyer, Atty. Gen., Robert R. Camp, Asst. Atty. Gen., Lincoln, for appellants.

Healey & Healey, Lincoln, for appellee.

Heard before WHITE, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.

MESSMORE, Justice.

The plaintiff, Terry Carpenter, Inc., a corporation, brought this action in the district court for Lancaster County against the members of the Nebraska Liquor Control Commission, hereafter referred to as the commission, for the purpose of obtaining a declaratory judgment determining that Rule 46 promulgated by the commission be held invalid, void, unenforceable, and unconstitutional, that the plaintiff be entitled to carry on its business without...

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