112 GROCERY v. CAPPEL

No. 2814.

228 So.2d 157 (1969)

112 GROCERY, Plaintiff-Appellant, v. Marshall T. CAPPEL, Sheriff, et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 4, 1969.

Writ Refused January 20, 1970.


Attorney(s) appearing for the Case

Gravel, Roy & Burnes, by Camille F. Gravel, Jr., Alexandria, for plaintiff-appellant.

Edwin O. Ware and Gus Voltz, Jr., Alexandria, for defendants-appellees.

Before TATE, HOOD, and CULPEPPER, JJ.


TATE, Judge.

By this mandamus suit, the plaintiff partnership seeks to compel the defendant sheriff and other public officials to issue it an alcoholic beverage retail license. The plaintiff appeals from the dismissal of its suit upon an exception of no cause of action.

The essential issue is whether the 1948 repeal of a 1935 state law invalidates a local ordinance adopted under it which prohibits the sale of all alcoholic beverages. The plaintiff seeks a...

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