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McBEATH v. MATHEWS

No. B-7828.

572 S.W.2d 670 (1978)

Sherman McBEATH, Administrator, Relator, v. Honorable Charles D. MATHEWS, Judge, et al., Respondents.

Supreme Court of Texas.

October 11, 1978.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Joe B. Dibrell, Jr. and Max P. Flusche, Jr., Asst. Attys. Gen., McGinnis, Lochridge & Kilgore, B. D. St. Clair, Austin, Whitten, Sprain, Price, Wagner & Edwards, C. G. Whitten, Bradbury, Tippen & Choate, Thomas W. Choate, Abilene, Fillmore & Camp, Roy B. Johnson and Patrick H. O'Neill, Fort Worth, for relator.

Ray & Wood, Randall Wood, Clark, Thomas, Winters & Shapiro, Donald Scott Thomas and Mary Joe Carroll, Austin, for respondents.

CHADICK, Justice.

A local option election authorized by Texas Alcoholic Beverage Code, Sec. 251.01 et seq., was held in Justice Precinct 1, Taylor County, Texas, on June 17, 1978. The Commissioners Court of Taylor County canvassed the election returns and entered on its minutes two separate and conflicting orders declaring the results of the election. The first order, dated July 10, 1978, declared that the proposition to legalize the sale of alcoholic beverages in...

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