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STATE EX REL. CARTWRIGHT v. OKL. TAX COM'N

No. 57671.

653 P.2d 1230 (1982)

STATE of Oklahoma, ex rel. Jan Eric CARTWRIGHT, Attorney General thereof, Appellant, v. OKLAHOMA TAX COMMISSION, composed of Odie Nance, Chairman, Robert L. Wadley, Vice Chairman, and J.L. Merrill, Secretary-Member, Stuart S. Carey d/b/a Metro Beverage Company, Pioneer Wholesale Liquor Distributors, a partnership, Central Liquor Company, a partnership, and Jarboe Sales Company, a partnership, Appellees.

Supreme Court of Oklahoma.

As Corrected December 6, 1982.

Attorney(s) appearing for the Case

Jan Eric Cartwright, Atty. Gen., Gary W. Gardenhire, Michael C. Conaway, Asst. Attys. Gen., Oklahoma City, for appellant, State of Okl.

Marjorie Patmon, Gen. Counsel, Oklahoma Tax Com'n, Oklahoma City, for appellee, Oklahoma Tax Com'n.

Stephen P. Friot, Spradling, Stagner, Alpern & Friot, Oklahoma City, for intervenor, Stuart S. Carey, d/b/a Metro Beverage Co., appellee.

Jeff L. Hartmann, Shdeed & Hartmann, Oklahoma City, for intervenor, Central Liquor Co., appellee.

Arnold Fagin, Fagin, Hewett, Mathews & Fagin, Oklahoma City, for intervenor, Pioneer Wholesale Liquor Distributors, appellee.

John B. Jarboe, Jarboe & Thompson, Tulsa, for intervenor, Jarboe Sales Co., appellee.

HARGRAVE, Justice.

This action was brought by the Oklahoma Attorney General against the Oklahoma Tax Commission (1) to enjoin the Commission from refunding excise tax on sales of alcoholic beverages made by Oklahoma liquor wholesalers to out-of-state purchasers; (2) to have the Tax Commission's administrative rules authorizing the tax refunds declared unlawful and void; (3) to have all sales of alcoholic beverages to out...

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