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  5. 195 N.W.2d 400 (1972)
 

APPLICATION OF ED PHILLIPS & SONS COMPANY

No. 10835.

195 N.W.2d 400 (1972)

Application of ED PHILLIPS & SONS COMPANY for Transfer of the Corporate Stock of Sodak Distributing Company. Lowell SCHMIDT as Commissioner of Revenue, Appellant, v. ED PHILLIPS & SONS COMPANY, Respondent.

Supreme Court of South Dakota.

Rehearing Denied April 13, 1972.

Attorney(s) appearing for the Case

Gordon Mydland, Atty. Gen., John Dewell, Asst. Atty. Gen., Pierre, for appellant.

M. T. Woods, Woods, Fuller, Shultz & Smith, Sioux Falls, for respondent.

WOLLMAN, Judge.

This is an appeal by the State of South Dakota from a decision of the circuit court for the second judicial circuit which reversed an order of the commissioner of revenue (commissioner) denying Ed Phillips & Sons Company (respondent) permission to acquire the corporate stock of Sodak Distributing Company (Sodak) a South Dakota Class B intoxicating liquor wholesaler.

In July of 1969, R. P. Brzica, Edna Brzica, and Stephen M. Brzica, the...

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