HANSEN v. SMITH

Nos. 3260, 3261

395 P.2d 944 (1964)

Governor Clifford P. HANSEN, Secretary of State Thyra Thomson, State Auditor Minnie Mitchell, State Treasurer Everett Copenhaver, State Superintendent of Public Instruction Cecil Shaw, as individuals and as the Wyoming Liquor Commission, and Carl Harms, Director of the Wyoming Liquor Commission, Appellants (Defendants below), v. Eugene P. SMITH et al., individually and as representatives of all licensed Beer Wholesalers of Wyoming, a class, Appellees (Plaintiffs below). Eugene P. SMITH et al., individually and as representatives of all licensed Beer Wholesalers of Wyoming, a class, Appellants (Plaintiffs below) v. Governor Clifford P. HANSEN, Secretary of State Thyra Thomson, State Auditor Minnie Mitchell, State Treasurer Everett Copenhaver, State Superintendent of Public Instruction Cecil Shaw, as individuals and as the Wyoming Liquor Commission, and Carl Harms, Director of the Wyoming Liquor Commission, Appellees (Defendants below).

Supreme Court of Wyoming.

October 29, 1964.


Attorney(s) appearing for the Case

John F. Raper, Atty. Gen., Sterling A. Case, Asst. Atty. Gen., Dean W. Borthwick, Deputy Atty. Gen., Cheyenne, for appellants (defendants below).

Roncalio, Graves & Smyth, John R. Smyth, Cheyenne, for appellees (plaintiffs below).

Before PARKER, C.J., and HARNSBERGER, GRAY and McINTYRE, JJ.


Mr. Justice HARNSBERGER delivered the opinion of the court.

The plaintiffs, all of whom are beer wholesalers licensed by the State of Wyoming, brought a class action for themselves and as representatives of all licensed beer wholesalers of Wyoming, against the five elective state executive officers in their capacity as the Wyoming Liquor Commission and also as individuals, joining as defendants with them the Director of the Wyoming Liquor Commission. Plaintiffs sought...

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