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DASH, INC. v. ALCOHOLIC BEVERAGE CONTROL APPEALS BD.

Nos. 80-5740, 80-5267 and 80-5268.

683 F.2d 1229 (1982)

DASH, INC., dba The Arches, Plaintiff-Appellant, v. The ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD; Baxter Rice, Director of the Department of Alcoholic Beverage Control; The Department of Alcoholic Beverage Control, Defendants and Appellees. Elmer O. LOCKER, Jr., and Joyce M. Locker, Plaintiffs and Appellants, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD; Baxter Rice, Director of the Alcoholic Beverage Control; The Department of Alcoholic Beverage Control, Defendants and Appellees. Elmer O. LOCKER, Jr., and William Coleman, Plaintiffs and Appellants, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD; Baxter Rice, Director of the Alcoholic Beverage Control; The Department of Alcoholic Beverage Control, Defendants and Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 10, 1982.

Attorney(s) appearing for the Case

Ralph B. Saltsman, Stephen Warren Solomon, Inc., Marina del Rey, Cal., Joshua Kaplan, Kaplan & Novodor, Beverly Hills, Cal., for plaintiff-appellant.

Scott D. Rasmussen, Deputy Atty. Gen., Richard M. Radosh, Los Angeles, Cal., for defendants and appellees.

Before BROWNING and ANDERSON, Circuit Judges, and BILBY, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

I. BACKGROUND

Dash, Inc., the Lockers, and Mr. Coleman ("Appellants") filed actions in federal district court under 42 U.S.C. § 1983 against the Department of Alcoholic Beverage Control ("Department"), its director, and the Alcoholic Beverage Control Appeals Board ("ABC Appeals Board"), requesting declaratory and injunctive relief prohibiting the Department from enforcing Department Rules 143.2 and 143.3

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