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  5. 347 N.W.2d 882 (1984)
 

PETITION OF FAMOUS BRANDS, INC.

No. 14269.

347 N.W.2d 882 (1984)

In the Matter of the Petition of FAMOUS BRANDS, INC. to Obtain a Declaratory Ruling.

Supreme Court of South Dakota.

Decided April 25, 1984.

Attorney(s) appearing for the Case

Jeremiah D. Murphy, John R. McDowell and Thomas J. Welk of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for intervenors-appellees.

William Taylor of Woods, Fuller, Shultz & Smith, P.C., Sioux Falls, for appellant.

HOYT, Circuit Judge.

This is an appeal from a judgment of the circuit court affirming the decision of the Secretary of Revenue (Secretary) that SDCL 35-4-5.1 and SDCL 35-4-5.5 precluded a renewal of a wholesale liquor license to Famous Brands, Inc. (appellant). We reverse.

The factual background of the controversy is refreshingly simple. Appellant filed a petition to obtain a declaratory ruling pursuant to SDCL 1-26-15 and ARSD 64:01:01:08 as to the applicability...

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