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AFFILIATED DISTILLERS BRANDS CORP. v. GILLIS

No. 10132.

130 N.W.2d 597 (1964)

AFFILIATED DISTILLERS BRANDS CORP., a corporation, Plaintiff and Appellant, v. Bruce D. GILLIS, as Commissioner of Revenue of the State of South Dakota, and Max Brookens as Director of the Alcoholic Beverage and Cigarette Tax Division of the Department of Revenue of the State of South Dakota, Defendants and Respondents.

Supreme Court of South Dakota.

October 12, 1964.

Attorney(s) appearing for the Case

Woods, Fuller, Shultz & Smith, Sioux Falls, for plaintiff and appellant.

Frank L. Farrar, Atty. Gen., John Dewell, Asst. Atty. Gen., Pierre, for defendants and respondents.

RENTTO, Judge.

The Commissioner of Revenue adopted an amendment to Rule 10 of the Rules and Regulations of the Department of Revenue relating to the alcoholic beverage laws of this state. It provided that those licensed as distillers and wholesalers of intoxicating liquor may not sell, give or deliver to a licensee of any class any intoxicating liquor other than high point beer and wine, in any container which is larger than a quart. Prior to the amendment gallon...

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