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BROWN DISTRIBUTING v. OKLAHOMA ALCOHOLIC BEVERAGE CONTROL BD.

No. 51782.

597 P.2d 324 (1979)

BROWN DISTRIBUTING COMPANY, INC., an Oklahoma Corporation, Beer Distributors, Inc. (formerly Stag Sales Company, Inc.), Pope Distributing Co., Inc., Ford Distributing Company, T.B. Hendrick & Assoc., Inc., Bryson, Inc., Appellees, v. OKLAHOMA ALCOHOLIC BEVERAGE CONTROL BOARD, Appellant.

Supreme Court of Oklahoma.

July 3, 1979.

Attorney(s) appearing for the Case

Blackstock, Joyce, Pollard, Blackstock & Montgomery by William C. Kellough, Tulsa, for appellee, Brown Distributing Co., Inc.

Rosenstein, Fist & Ringold by Donald R. Bradford, Tulsa, for appellee, Stag Sales Co.

Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick by D. Kent Meyers, Oklahoma City, for appellees, Ford Distributing Co. and T.B. Hendricks Associates, Inc.

Durall, Meadows, Sheehan & Walters by William C. Meadows, Oklahoma City, by appellee, Bryson, Inc.

Wallace, Bickford & Pasley by Harry L. Bickford, Ardmore, for appellee, Midwest Beverage, Inc.

Larry Derryberry, Atty. Gen. of Oklahoma by Kenneth L. Delashaw, Jr., Asst. Atty. Gen. and Danny K. Shadid, Legal Intern, Oklahoma City, for appellant, Alcoholic Beverage Control Bd.

HODGES, Justice.

On April 7, 1959, at a special election, a referendum petition was adopted to the Oklahoma Constitution which provided in part that no corporation shall be issued an Oklahoma Class B wholesale or package store liquor license.1 Contra to this constitutional mandate, the legislature subsequently enacted 37 O.S. 1971 § 5262 which provided in part that all corporations who were actively...

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