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WILLIS v. STATE EX REL. FLYNT OIL COMPANY, INC.

SC 112.

275 So.2d 657 (1973)

T. J. WILLIS, as Mayor of the Town of Morris, Alabama and the Town of Morris, Alabama, a municipal corporation, v. STATE of Alabama, ex rel. FLYNT OIL COMPANY, INC., a corporation.

Supreme Court of Alabama.

Rehearing Denied April 19, 1973.

Attorney(s) appearing for the Case

Rogers, Howard, Redden & Mills, Birmingham, for appellants.

James M. Fullan, Jr., Birmingham, for appellee.

FAULKNER, Justice.

Flynt Oil Company (Flynt) does business as "Posey's Kwik Stop" in Morris, Alabama. Under one roof, with separate entrances, are a gasoline service station, coin-operated washing machine, and cafe facilities. On June 6, 1972, Flynt was issued a retail beer license by the State of Alabama, authorizing sale for off-premise consumption.

As of the relevant dates herein, there was in effect an ordinance of the Town of Morris prohibiting sale of...

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