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DRINK, INC. v. BABCOCK

No. 7942.

421 P.2d 798 (1966)

77 N.M. 277

Drink, Inc., Plaintiff-Appellant, v. Howard BABCOCK, Chief of Division of Liquor Control, Bureau of Revenue, Defendant-Appellee.

Supreme Court of New Mexico.

Motion to Intervene and for Rehearing Denied January 3, 1967.

Attorney(s) appearing for the Case

Hannett, Hannett & Cornish, William C. Schaab, Albuquerque, for appellant.

Boston E. Witt, Atty. Gen., Joel M. Carson, Tom Overstreet, Asst. Attys. Gen., Santa Fe, for appellee.

OPINION

NOBLE, Justice.

This appeal requires our determination of whether the fair-trade contract and minimum markup provisions of the Liquor Control Act are constitutional.

Plaintiff corporation, a retail liquor dealer, sought a declaratory judgment to determine the constitutionality of §§ 46-9-1, 46-9-3, and 46-9-11, N.M.S.A. 1953, or, in the alternative, an injunction to prohibit enforcement of those provisions of the law by the director...

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