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SMOCK v. STATE EX REL. COHEN

No. 770S143

272 N.E.2d 611 (1971)

John R. SMOCK, As Chairman of the Indiana State Alcoholic Beverage Commission, Appellant, v. STATE of Indiana On Relation of Michael A. Cohen, D/B/a Dare Package Liquor et al., Appellees.

Supreme Court of Indiana.

September 1, 1971.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen. of Indiana, Robert F. Colker, Deputy Atty. Gen., for appellant.

James W. Bradford, Indianapolis, for appellees.

GIVAN, Judge.

This is an appeal from a default judgment on a complaint for mandate against the Indiana Alcoholic Beverage Commission.

The record discloses the following facts:

The appellees made application for licenses to the Indiana Alcoholic Beverage Commission for package liquor store permits to sell malt beverages, spiritous beverages and vinos beverages at retail in the City of Indianapolis, Indiana. The Commission refused to accept the applications...

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