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LEWIS v. SMOTHERS

663 S.W.2d 228 (1984)

Hon. Richard H. LEWIS, Commissioner, Department of Alcoholic Beverage Control; Hon. Edward A. Farris, Distilled Spirits Administrator; and Hon. John C. Crimmins, Malt Beverage Administrator, etc., Movants, v. William SMOTHERS d/b/a Jane Todd Inn, Respondent.

Court of Appeals of Kentucky.

January 20, 1984.

Attorney(s) appearing for the Case

Catherine C. Staib, Alcoholic Beverage Control Bd., Frankfort, for appellant.

William S. Young, Frankfort, for appellee.

Pam Johnson, Frankfort, for amicus curiae, Marion County Ministerial Ass'n.

Before DUNN, McDONALD and WILHOIT, JJ.

McDONALD, Judge.

This case is before the Court on motion by the Department of Alcoholic Beverage Control for relief under CR 65.07 from a temporary injunction of the Franklin Circuit Court. The injunction prevented the Department from enforcing the Department's order revoking the respondent's malt beverage license. The respondent appealed the revocation to the Franklin Circuit Court pursuant to K.R.S. 243.560. On October 26, 1982, the circuit court granted the temporary...

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