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KY. ALCOHOLIC BEV. CON. BD. v. ANHEUSER-BUSCH

574 S.W.2d 344 (1978)

KENTUCKY ALCOHOLIC BEVERAGE CONTROL BOARD and Kentucky Beer Wholesalers Association, Inc., Appellants, v. ANHEUSER-BUSCH, INC., Appellee.

Court of Appeals of Kentucky.

October 27, 1978.

Attorney(s) appearing for the Case

Julian W. Knippenberg, Carroll & Knippenberg, R. Coleman Endicott, Lexington, for appellants.

Ben B. Fowler, Stites, McElwain & Fowler, Frankfort, for appellee.

Before HOGGE, HOWARD and WILHOIT, JJ.

HOWARD, Judge.

Anheuser-Busch, Inc. applied for a beer distributor's license under KRS 243.040. However, its application was rejected by the Kentucky Alcoholic Beverage Control Board pursuant to its regulation, 804 KAR 4:015, that prohibits interlocking interests between wholesalers, distributors, and manufacturers of malt beverages. The trial court set aside the order of the Board and ordered same to issue the license. Hence, this appeal from the trial court.

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