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MILLS WHOLESALE LIQUOR CO. v. ZELLMER

Nos. 13051, 13055.

298 N.W.2d 523 (1980)

MILLS WHOLESALE LIQUOR COMPANY, a South Dakota Corporation, Plaintiff and Appellee, v. Steven J. ZELLMER, Secretary of Revenue, State of South Dakota, Defendant and Appellant, v. SIOUX FALLS WHOLESALE COMPANY, a South Dakota Corporation, Intervenor and Appellant.

Supreme Court of South Dakota.

Decided November 19, 1980.

Attorney(s) appearing for the Case

William A. Bowen of Rice & Bowen, Aberdeen, for plaintiff and appellee.

John Dewell, Asst. Atty. Gen., Pierre, for defendant and appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Kennith L. Gosch of Bantz, Gosch & Cremer, Aberdeen, for intervenor and appellant.

MORGAN, Justice.

The trial court granted summary judgment in favor of Mills Wholesale Liquor, plaintiff-appellee (appellee), on its petition for declaratory judgment. Secretary of Revenue Steven J. Zellmer, defendant-appellant (Secretary), and Sioux Falls Wholesale, intervenor-appellant, appeal from that grant of summary judgment. We reverse.

Stanley L. Mills (Mills), doing business as Mills Wholesale Liquor, applied for a wholesale liquor license for 1979...

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