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CENTRAL PARK PHARM. v. NEB. LIQUOR CONTROL

No. 83-216.

344 N.W.2d 918 (1984)

216 Neb. 676

CENTRAL PARK PHARMACY, INC., et al., Appellants, v. NEBRASKA LIQUOR CONTROL COMMISSION, Appellee, American Community Stores, doing business as Hinky Dinky, Intervenor-Appellee.

Supreme Court of Nebraska.

March 2, 1984.

Attorney(s) appearing for the Case

Tim J. Kielty of Gast & Kielty, Omaha, for appellants.

Paul L. Douglas, Atty. Gen., and Terry R. Schaaf, Lincoln, for appellee.

Soren S. Jensen and Thomas J. Culhane of Erickson, Sederstrom, Leigh, Eisenstatt, Johnson, Kinnamon, Koukol & Fortune, P.C., Omaha, for intervenor-appellee.

KRIVOSHA, C.J., HASTINGS, CAPORALE, and SHANAHAN, JJ., and BRODKEY, J., Retired.

CAPORALE, Justice.

Appellants filed a petition in the district court, which appears both to undertake an appeal to that court of a Nebraska Liquor Control Commission ruling and, at the same time, to seek original declaratory and injunctive relief. The district court determined the commission's ruling to be proper and dismissed the appeal. Without in any way approving the procedure employed in this case, for the reasons hereinafter discussed we affirm.

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