FOOD TOWN STORES v. BD. OF ALCOHOLIC CONTROL

No. 8010SC238.

270 S.E.2d 563 (1980)

FOOD TOWN STORES, INC., Petitioner, v. BOARD OF ALCOHOLIC CONTROL of the State of North Carolina, Respondent.

Court of Appeals of North Carolina.

October 7, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. David S. Crump, Raleigh, for the State.

Thomas M. Caddell, Salisbury, for petitioner-appellant.


ARNOLD, Judge.

The respondent, in an excellent brief and argument by the Special Deputy Attorney General, points out that there is no dispute that employees of Blue Ridge restocked the shelves in petitioner's store, and that an agreement may be inferred from the conduct of the parties.

We are constrained, however, to look at the regulation which petitioner is alleged to have violated, Retail Wine Regulation 4 NCAC 2J .0106(h)(1). That regulation is as follows...

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