STATE EX REL. MOORE v. SMOCK

No. 2-572A7.

295 N.E.2d 857 (1973)

STATE of Indiana ex rel. Howard L. Moore, Plaintiffs-Appellants, v. John R. SMOCK, Chairman, et al., Defendants-Appellees.

Court of Appeals of Indiana, Second District.

May 7, 1973.


Attorney(s) appearing for the Case

Walter E. Bravard, Jr., T.H. St. Clair, Lewis, Bowman & St. Clair, Indianapolis, for plaintiffs-appellants.

Theodore L. Sendak, Atty. Gen., Darrell K. Diamond, David H. Kreider, Deputy Attys. Gen., Joseph F. Quill, John G. McNutt, Fred Schlegel, J.B. King, Baker & Daniels, Indianapolis, Curtis V. Kimmell, Kimmell & Funk, Vincennes, for defendants-appellees.


SULLIVAN, Judge.

This appeal concerns whether pre-mixed canned cocktail preparations containing spirituous alcoholic beverages should, for the purposes of marketing and sale, be classified as spirituous alcohol beverage, "liquor" as opposed to a vinous beverage, "wine".

The facts are undisputed. Plaintiff-appellant Howard L. Moore (Moore) is a broker for manufacturers of alcoholic vinous and alcoholic spirituous beverages. On April 20, 1970, Moore presented...

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