SMITH v. ESTES

No. 75-153.

533 S.W.2d 190 (1976)

Dale SMITH et al., Appellants, v. Peter G. ESTES, Sr., et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied March 22, 1976.


Attorney(s) appearing for the Case

Croxton, Boyer & Keith, Rogers, for appellants.

John Bailey, of the Alcohol Beverage Control Board, Little Rock, Peter G. Estes, Jr., of Estes & Estes, Fayetteville, for appellees.


BYRD, Justice.

The appellants Dale Smith et al. sought an appeal de novo, pursuant to Ark.Stat. Ann. § 48-311 (Supp.1975), from the action of the Alcoholic Beverage Control Board permitting appellee By-Pass Beverage Co., an Arkansas corporation, to transfer a liquor permit in the City of Fayetteville from 231 Mill Street to 3118 South School Street. The trial court held that By-Pass Beverage Co. was a necessary party defendant and, since it was not made a party...

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