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TEXAS ALCOHOLIC BEVERAGE COMM'N v. RUTLEDGE

Nos. 12009 and 12022.

492 S.W.2d 622 (1973)

TEXAS ALCOHOLIC BEVERAGE COMMISSION v. Jerry F. RUTLEDGE, d/b/a Capitol Beverage Company, Appellant. Jerry F. RUTLEDGE, d/b/a Capitol Beverage Company v. TEXAS ALCOHOLIC BEVERAGE COMMISSION, Appellee.

Court of Civil Appeals of Texas, Austin.

March 21, 1973.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen. of Texas, Jay Floyd, Asst. Atty. Gen., Austin, for appellant in 12009.

Frank Adelman, San Antonio, for appellee in 12009.

Frank Adelman;, San Antonio, for appellant in 12022.

John L. Hill, Atty. Gen. of Texas, and Thomas H. Routt, Asst. Atty. Gen., Austin, for appellee in 12022.

PHILLIPS, Chief Justice.

In Cause No. 12009, the trial court held that the term "primary American source of supply", Article 666-15½, subd. A(9)(b), Vernon's Ann.Texas Penal Code was unconstitutionally vague and set aside the order of the Commission refusing Rutledge's application for renewal of a Nonresident Seller's Permit. The Commission had denied the application for renewal on the basis that Rutledge could not qualify as a primary American source of supply...

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