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SMITH v. POTTS

SC 824.

304 So.2d 578 (1974)

John J. SMITH et al. v. Frank W. POTTS et al.

Supreme Court of Alabama.

December 5, 1974.

Attorney(s) appearing for the Case

John W. Kelly, III, and Stanley B. Sikes, Selma, for appellants.

William J. Baxley, Atty. Gen. and Myron L. Thompson, Asst. Atty. Gen., for appellees.

J. Knox Argo, Montgomery, for Alabama Retail Assn.

J. William Rose, Jr., Birmingham, for Wine Distributors of Ala., Inc. and William F. Frost, Jr.

Thomas M. Marr, Mobile, for Wholesale Beer & Wine Assn.

Steagall & Adams, Ozark, for Frank V. Potts, as Chairman, ABC Board, William A. Roberts and John M. Harbert, III, as members, ABC Board, and Henry B. Gray, III, as Administrator, ABC Board.

HEFLIN, Chief Justice.

The plaintiffs-appellants John J. Smith and Ginger C. Strickland are residents of Montgomery and Dallas Counties respectively. They brought suit in the Circuit Court of Montgomery County seeking a declaratory judgment that Acts No. 863, No. 1053, and No. 1054 of the Regular Session of the 1973 Alabama Legislature are unconstitutional and void. The original defendants were the members and administrators of the Alabama Alcoholic Beverage Control...

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