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HAYNES v. CAPORAL

No. 49667.

571 P.2d 430 (1977)

Vance HAYNES, d/b/a Haynes Package Store and Edna M. Leach, d/b/a Regency Park Package Store, Appellees, v. Peter S. CAPORAL, d/b/a C & C Wholesale Liquor Company, Jerry Rutledge, d/b/a Capital Beverage Company, Zeak Naifeh and Bob Naifeh, a partnership, d/b/a Central Liquor Company, Kenneth J. Cookson, Kenneth B. Cookson and Jerry D. Cookson, d/b/a Pioneer Wholesale Liquor Distributors, Appellants.

Supreme Court of Oklahoma.

Rehearing Denied November 30, 1977.

Attorney(s) appearing for the Case

William C. Leach, Moore, for appellees.

Roy E. Grantham, Grantham, Casey & Kirkpatrick, Ponca City, Harold L. Heiple, Norman, John B. Jarboe, Jarboe, Keefer & Barrow, Tulsa, for appellants.

LAVENDER, Vice Chief Justice:

In 1973, the Oklahoma Alcoholic Beverage Control Board (ABC Board) amended Art. 3, § 5E(3) of its Rules and Regulations.1 This amendment allowed a wholesaler to collect a "bottle handling charge"2 in filling a fractional case order from a retailer.

Here, two retailers3 (retailers) brought suit...

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