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ARTH MAIN ST. DRUGS v. A-1 BEVERAGE CO.

No. 1-1078A303.

404 N.E.2d 65 (1980)

ARTH MAIN STREET DRUGS, Inc., et al., Appellants (Intervenor-Defendants below), and Indiana Alcoholic Beverage Commission et al., Non-Appealing Defendants, v. A-1 BEVERAGE COMPANY, Inc., et al., Plaintiffs-Appellees.

Court of Appeals of Indiana, Fourth District.

Rehearing Denied July 18, 1980.

Attorney(s) appearing for the Case

William C. Barnard, James E. Hughes, Gordon L. Pittenger, Sommer & Barnard, Indianapolis, for appellants.

James W. Bradford, Indianapolis, Frank E. Gilkison, White, Beasley, Gilkison, Retherford & Buckles, Muncie, William E. Jenner, Jenner & Brown, Indianapolis, R.M. Gholston, Young, Gholston & Young, Franklin, for plaintiffs-appellees.

CHIPMAN, Judge.

This is an appeal from a decision of the Johnson Circuit Court granting declaratory and injunctive relief. The plaintiffs, 27 beer wholesalers and some of their shareholders and employees [wholesalers] filed a complaint which challenged a resolution passed by the Alcoholic Beverage Commission [ABC]. That resolution interpreted the Alcoholic Beverages Act, Ind. Code 7.1-1-1-1 et seq., as permitting beer retailers to pick up beer at a Wholesaler...

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