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FABIAN'S UPTOWN CHARLESTON, INC. v. S.C. TAX COMM.

18448

247 S.C. 164 (1966)

146 S.E.2d 609

FABIAN'S UPTOWN CHARLESTON, INC., Respondent, v. SOUTH CAROLINA TAX COMMISSION, and Otis W. Livingston, Robert C. Wasson, J.S. Calhoun, Jr., Harold Murph, and Sam Burts, as members of and composing the South Carolina Tax Commission, Appellants.

Supreme Court of South Carolina.

January 27, 1966.

Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Attorney General, Joe L. Allen, Jr., Assistant Attorney General, and James M. Windham, of Herbert, Dial & Windham, all of Columbia, for Appellants.

Messrs. G.M. Howe, Jr., and Morris D. Rosen, of Charleston, for Respondent.

January 27, 1966.

MOSS, Justice.

Fabian's Uptown Charleston, Inc., the respondent herein, a licensed retail liquor dealer, instituted this action in January, 1964, to enjoin the South Carolina Tax Commission and its members, the appellants herein, from enforcing its rule prohibiting quantity discounts or prices in the sale of liquor by wholesalers and from taking any action subjecting any wholesaler or retailer to...

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