B. P. O. E. LODGE NO. 2043 OF BRUNSWICK v. INGRAHAM


297 A.2d 607 (1972)

B. P. O. E. LODGE NO. 2043 OF BRUNSWICK et al. v. Keith H. INGRAHAM et al.

Supreme Judicial Court of Maine.

December 11, 1972.


Attorney(s) appearing for the Case

John P. Carey, Bath, Edward G. Hudon, Brunswick, Seymour Nathanson, Earl J. Wahl, Portland, John E. Harrington, Bangor, for plaintiffs.

Charles R. Larouche, John Kendrick, Asst. Attys. Gen., Augusta, for defendants.

Before DUFRESNE, C. J., and WEBBER, WEATHERBEE, POMEROY, and WERNICK, JJ.


WERNICK, Justice.

These four cases, consolidated for purposes of appellate review, involve fifteen subordinate lodges of the Benevolent and Protective Order of Elks and their asserted entitlements to be licensed by the State to sell intoxicating liquors for beverage use.

The State Liquor Commission has appealed from final Superior Court judgments in the form of permanent injunctions operating affirmatively, even though worded negatively, to compel the State...

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