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NATIONAL RAILROAD PASSENGER CORP. v. HARRIS

Nos. 73-1149, 73-1122, 73-1266.

490 F.2d 572 (1974)

NATIONAL RAILROAD PASSENGER CORPORATION, a/k/a Amtrak, Plaintiff-Appellee, v. Curtis P. HARRIS, District Attorney, District No. 7, Oklahoma County, Oklahoma, et al., Defendants-Appellants. Charles J. DAVIS and Catherine L. Nuckolls, Intervening Plaintiffs-Appellees, v. Weldon E. DAVIS, Director, Oklahoma Alcoholic Beverage Control Board, et al., Defendants-Appellants. SOONERSPHERE CLUB ASSOCIATION, an unincorporated association, and Ruby Boyd, Plaintiffs-Appellees, v. Curtis P. HARRIS, District Attorney, District No. 7, Oklahoma County, Oklahoma, et al., Defendants-Appellants, with Sooner Alcohol-Narcotics Education, Inc., a corporation, and Ross J. McLennan, Amicus-Curiae.

United States Court of Appeals, Tenth Circuit.

Decided January 9, 1974.

Attorney(s) appearing for the Case

Loyd Benefield and Lana Jeanne Tyree, Oklahoma City, Okl., and George A. Sears, San Francisco, Cal., for plaintiff-appellee, in 73-1149.

Larry Derryberry, Atty. Gen., of Oklahoma, and Steven E. Moore, Asst. Atty. Gen., of Oklahoma, for defendants-appellants.

John R. Wallace, Ben T. Owens, Melvin H. Landers, and Coy Dean Morrow, Miami, Okl., for intervening plaintiffs-appellees.

Melvin J. Spencer, Oklahoma City, Okl., for amicus curiae.

Before CLARK, Associate Justice, LEWIS, Chief Judge, and O'CONNOR, District Judge.

PER CURIAM.

These cases consolidated on appeal test the validity of injunctions issued by the District Court against appellants, Oklahoma law enforcement officers, staying their enforcement of Oklahoma's liquor laws which prohibit the sale of alcoholic beverages by the drink. Okla. Const. Art. XXVII § 4; 37 O.S. § 538(h). The writs were stayed on appeal and we now find them to be improvidently granted and reverse.

On July 18, 1972, an Amtrak train...

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