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DELTA OIL, INC. v. POTTS

Civ. 4902.

479 So.2d 1273 (1985)

DELTA OIL, INC., d/b/a Delta Mart # 9 v. Frank V. POTTS, Joe Smitherman, and E.O. Walker.

Court of Civil Appeals of Alabama.

Rehearing Denied November 6, 1985.

Attorney(s) appearing for the Case

E.E. Ball of Owen, Ball & Simon, Bay Minette, for appellant.

Joe W. Adams and William H. Filmore of Steagall & Adams, Spec. Asst. Attys. Gen., Ozark, for appellee.

EDWARD N. SCRUGGS, Retired Circuit Judge.

This is an off-premises beer license case.

After hearing evidence on two occasions, the Alcoholic Beverage Control Board (ABC Board or board) denied such a license to Delta Oil (the applicant). That decision was based upon the location of applicant's store in Fairhope, upon the fact that the board had previously denied a license to the applicant on two prior occasions based...

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