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S.A. DISCOUNT LIQUOR v. TEX. ALCOHOLIC BEV. COM'N

No. 82-1161.

709 F.2d 291 (1983)

S.A. DISCOUNT LIQUOR, INC., Plaintiff-Appellant, v. TEXAS ALCOHOLIC BEVERAGE COMMISSION, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 27, 1983.

Attorney(s) appearing for the Case

Samuel H. Bayless, San Antonio, Tex., for plaintiff-appellant.

W. Reed Lockhoof, Asst. Atty. Gen., Austin, Tex., for defendants-appellees.

Before GARZA, RANDALL and GARWOOD, Circuit Judges.

GARZA, Circuit Judge:

Plaintiff-appellant, San Antonio Discount Liquor, Inc., is the lawful holder of a package store permit issued by defendants-appellees, the Texas Alcoholic Beverage Commission (hereinafter T.A.B.C.). Generally, the holder of a package store permit may sell liquor in original containers from his licensed premises to retail customers for off-premises consumption only and not for the purpose of resale. Tex.Alco.Bev.Code

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