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WILLCOTT v. MURPHY

No. 45,540

204 Kan. 640 (1970)

465 P.2d 959

HOWARD WILLCOTT, Appellant, v. E.V.D. MURPHY, Director, Alcoholic Beverage Control, and Alcoholic Beverage Control Board of Review, Appellee and Cross-Appellant.

Supreme Court of Kansas.

Opinion filed March 7, 1970.

Attorney(s) appearing for the Case

Kay McFarland, of Topeka, argued the cause, and T.M. Murrell, George A. Scott, Jack A. Quinlan and John A. Bell, all of Topeka, were with her on the briefs for the appellant.

Kenneth R. Heer, Assistant Attorney General, assigned to Alcoholic Beverage Control, argued the cause and was on the briefs for the appellee and cross-appellant.

The opinion of the court was delivered by

KAUL, J.:

Plaintiff-appellant, a retail liquor dealer, licensed under the Kansas Liquor Control Act (K.S.A. 41-101, et seq.), instituted this action to obtain a declaratory judgment determining the validity of a memorandum issued by the State Director of Alcoholic Beverage Control.

The controversy concerns the sale of beer as an alcoholic beverage, defined in...

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