TEXAS ALCO. BEV. COM'N v. NATIONAL S. F. O. T., INC.

No. 16440.

523 S.W.2d 259 (1975)

TEXAS ALCOHOLIC BEVERAGE COMMISSION, Appellant, v. The NATIONAL SPORTSMAN'S FRATERNAL ORDER OF TEXAS, INC. et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied April 10, 1975.


Attorney(s) appearing for the Case

John L. Hill, Atty. Gen. of Texas, Larry F. York, Joe B. Dibrell, Max P. Flusche, Jr., David M. Kendall, Asst. Attys. Gen., Austin, for appellant.

Kenneth M. Hoyt, Houston, for appellees.


EVANS, Justice.

The Texas Alcoholic Beverage Commission appeals from the trial court's judgment, entered after a nonjury trial, which set aside the Commission's order denying certificate of exemption to the Sportsman's Fraternal Order of Texas, Inc.

In its judgment the trial court found that the Sportsman's Fraternal Order of Texas, Inc. was in fact a fraternal organization and that the Commission lacked authority to refuse an exemption certificate to a fraternal...

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