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OKLAHOMA ALCOHOLIC BEVERAGE CON. BD. v. MUSKRAT

No. 42760.

480 P.2d 918 (1971)

OKLAHOMA ALCOHOLIC BEVERAGE CONTROL BOARD, Plaintiff in Error, v. Joseph C. MUSKRAT and Mary Betty Taylor, Trustee, d/b/a Economy Wholesale Company, Defendants in Error.

Supreme Court of Oklahoma.

February 9, 1971.

Attorney(s) appearing for the Case

G.T. Blankenship, Atty. Gen., of Oklahoma, Robert L. McChesney, W. Howard O'Bryan, Jr., and Sam Hellman, Asst. Attys. Gen., for plaintiff in error.

Robert S. Rizley, Crawford, Rizley & Prichard, Tulsa, Roy C. Lytle, Lytle, Soule & Emery, Oklahoma City, for defendants in error.

IRWIN, Justice.

The issue presented is whether the Alcoholic Beverage Control Act, 37 O.S. 1961, §§ 501-575, as amended, prohibits the issuance of a wholesaler's liquor license to a trustee of a testamentary trust. § 527(9) of the enactment prohibits the issuance of the license if the applicant is not "the real party in interest". We hold that within the purview of this proviso, the beneficiaries of a testamentary...

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