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STATE v. COUNTY BEVERAGE LICENSE NO. ABL-78-145

No. 53694.

652 P.2d 292 (1982)

STATE of Oklahoma, Appellant, v. COUNTY BEVERAGE LICENSE NO. ABL-78-145 OF McMAR GENERAL STORES, d/b/a McMAR No. 2, County Beverage License No. ABL-78-157 of McMar General Stores, Inc., d/b/a McMar Ice Dock, County Beverage License No. ABL-78-101 of Safeway Stores, Inc., d/b/a Safeway # 71, County Beverage License No. ABL-78-114 issued to Tully H. Dean, d/b/a Kwik-O-Gro, County Beverage License No. ABL-78-109 issued to James Benson, d/b/a J. Boties, County Beverage License No. ABL-78-140 issued to National Convenience Stores, Inc., d/b/a Hot Stop # 1162, County Beverage License No. ABL-78-141 issued to National Convenience Stores, Inc., d/b/a Hot Stop # 1159, County Beverage License No. ABL-79-29 issued to Wright's Foodland, Inc., d/b/a Wright's IGA, County Beverage License No. ABL-78-122 issued to McMar General Stores, Inc., d/b/a McMar # 1, County Beverage License No. ABL-78-216 issued to Seven-Eleven, Inc., d/b/a 7-11 Store # 45, County Beverage License No. ABL-78-212 issued to Seven-Eleven, Inc., d/b/a 7-11 Store # 44, County Beverage License No. ABL-78-268 issued to Howard Sandlin, d/b/a Howard's West Lindsey 66 Station, County Beverage License No. ABL-79-72 issued to Ronald D. Hammons, d/b/a E & H Kwik Mark, County Beverage License No. ABL-79-61 issued to H & A Enterprises, d/b/a IN & OUT Store, County Beverage License No. ABL-78-148 issued to Satellite Co., d/b/a Sooner Superette, County Beverage License No. ABL-78-210 issued to Seven-Eleven, Inc., d/b/a 7-11 Store # 43, County Beverage License No. ABL-78-165 issued to Mr. Short Stop, Inc., d/b/a Mr. Short Stop # 4, County Beverage License No. ABL-78-166 issued to Mr. Short Stop, Inc., d/b/a Mr. Short Stop # 1, County Beverage License No. ABL-78-185 issued to Little Jim's, Inc., County Beverage License No. ABL-78-208 issued to Seven-Eleven, Inc., d/b/a 7-11 Store # 64, Appellees.

Supreme Court of Oklahoma.

As Corrected October 12, 1982.

Attorney(s) appearing for the Case

Kay E. Huff, Dist. Atty., Fred J. Shaeffer, Larry W. Tedder, Asst.Dist.Attys., Norman, for appellant.

H.L. Heiple, Gary Williams, Bill English, Jim Pence, Fielding Haas, J. David Rambo, Harry Foreman, Elvin Brown, Phil Redwin, Norman, for all appellees except Safeway Stores, Inc.

Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick by L.E. Stringer, H. Leonard Court, David L. Thomas, Oklahoma City, for appellee, Safeway Stores, Inc.

Brown & Flagler by Elvin Brown, Norman, for appellee, Mr. Short Stop, Inc.

LAVENDER, Justice:

Based upon a careful review of the record in this cause and the law applicable thereto, the purported appeal from the judgment below in favor of all of the defendants below save and except McMar General Stores is hereby dismissed on the following grounds and for the following reasons:

The District Attorney of Cleveland County filed 20 separate actions to revoke alcoholic beverage licenses for wrongful...

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