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CONWAY v. WOLF LIQUOR COMPANY

200 A.2d 831 (1964)

John M. CONWAY, Chairman, Charles F. Hudson, Clarence Rash, George J. Schulz, and William E. Savery, Members of the Delaware Alcoholic Beverage Control Commission, Appellants, v. WOLF LIQUOR COMPANY, a Delaware corporation, Appellee.

Supreme Court of Delaware.

May 15, 1964.

Attorney(s) appearing for the Case

George Gray Thouron, Wilmington, for appellants.

F. Alton Tybout, Wilmington, for appellee.

TERRY, Chief Justice, and WOLCOTT and CAREY, Justices, sitting.

CAREY, Justice.

This is an appeal from a decision of the Superior Court granting summary judgment in favor of Wolf Liquor Company (Wolf), an "importer", for the recovery of certain taxes paid to the Delaware Alcoholic Beverage Commission (Commission). The appeal requires a determination of the correct effective date of an amendment to 4 Del.C. § 581(a) (2) which increased the tax on wine from 35¢ to 80¢ per gallon, appearing in 53 Del.Laws, Ch. 106...

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