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MORRIS v. TORCH CLUB

No. 82-75.

645 S.W.2d 938 (1983)

278 Ark. 285

Jim MORRIS et al., Appellants, v. TORCH CLUB et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied March 21, 1983.

Attorney(s) appearing for the Case

Lady & Blackman by Frank Lady, Jonesboro, for appellants.

Steve Clark, Atty. Gen. by Jeffrey A. Bell, Asst. Atty. Gen., and Charles R. Singleton, Atty. for Alcoholic Beverage Control Div., Little Rock, and Ike Allen Laws, P.A., North Little Rock, Kurt Butcher, Bentonville, Joseph C. Kemp, Little Rock, Ponder & Jarboe, Walnut Ridge, Huey & Vittitow, Warren, R. Jack Magruder, III, Rose Law Firm, P.A. by Herbert C. Rule, III and Thomas P. Thrash, Little Rock, for appellees.

GEORGE ROSE SMITH, Justice.

The question that must eventually be decided in this case is whether Section 10 of Act 132 of 1969, Ark.Stat.Ann. § 48-1410 (Repl.1977), which permits the serving of alcoholic beverages in private clubs in "dry" counties, is invalid because it actually amended an initiated act prohibiting the sale of liquor in a dry county, § 48-802, without receiving the two-thirds legislative vote that is required for the amendment of an initiated...

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