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AHNER v. DELAWARE ALCOHOLIC BEVERAGE CON. COM'N

237 A.2d 706 (1967)

Carl G. AHNER and Rose A. Ahner, t/a Limestone Liquors, and Midway Beverage Mart, Inc., a Delaware Corporation, Appellants, v. DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSION and Milltown Beverages, Inc., a Delaware Corporation, t/a Milltown Beverages, Respondents.

Supreme Court of Delaware.

December 29, 1967.

Attorney(s) appearing for the Case

Edward W. Cooch, Jr., and H. Alfred Tarrant, Jr., of Cooch & Taylor, Wilmington, for appellants.

Harvey B. Rubenstein, Wilmington, for respondent, Milltown Beverages, Inc.

William T. Lynam, III, Wilmington, for respondent, Delaware Alcoholic Beverage Control Commission.

CAREY and HERRMANN, Justices, and SHORT, Vice-Chancellor, sitting.

CAREY, Justice.

Certification by the Superior Court in this case was approved by us because the questions certified relate to the construction and application of a statute, which have never been settled by this Court, certain decisions of the Superior Court are conflicting, and determination of the questions by us may result in the speedy termination of the litigation.

The facts are these: In December 1965, the respondent, Milltown Beverages, Inc. (Milltown...

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