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JOHNSON BROS. WHOLESALE LIQUOR v. NOVAK

No. 49856.

295 N.W.2d 238 (1980)

JOHNSON BROTHERS WHOLESALE LIQUOR COMPANY, Appellant, v. Joseph NOVAK, Liquor Control Commissioner of the State of Minnesota, Respondent. MINNESOTA DISTILLERS, INC., Respondent, v. Joseph NOVAK, Liquor Control Commissioner of the State of Minnesota, Respondent, and Johnson Brothers Wholesale Liquor Company, intervenor, Appellant, Famous Brands, Inc., intervenor, Respondent. GRIGGS, COOPER AND CO., intervenor and third party plaintiff, Respondent, v. MAJOR BRANDS, DELAWARE, LTD., third party defendant, Respondent.

Supreme Court of Minnesota.

May 30, 1980.

Attorney(s) appearing for the Case

Shanedling, Phillips, Gross & Aaron and Felix M. Phillips, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., and Alan H. Maclin, Sp. Asst. Atty. Gen., St. Paul, for Novak.

Moore, Costello & Hart and Robert J. Albrecht, St. Paul, for Minnesota Distillers, Inc.

Leonard, Street & Deinard and Lowell J. Noteboom, Minneapolis, for Famous Brands, Inc.

Maun, Hazel, Green, Hayes, Simon & Aretz and Lawrence J. Hayes, St. Paul, for Griggs, Cooper and Co.

Doherty, Rumble & Butler and Eugene M. Warlich, St. Paul, for Major Brands, Delaware, Ltd.

Heard before ROGOSHESKE, KELLY and WAHL, JJ., and considered and decided by the court en banc.

KELLY, Justice.

This is an appeal from a declaratory judgment action in consolidated cases before the district court. Johnson Brothers Wholesale Liquor Company (Johnson Brothers) initiated the first action against the Liquor Control Commissioner (Commissioner) in Ramsey County. Johnson Brothers sought an order directing the Commissioner to enforce a "rule" against Minnesota Distillers, Inc. Minnesota Distillers initiated the second action in Todd County in an attempt...

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