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STUART v. HISTORIC WAREHOUSE, INC.

84-821.

505 So.2d 298 (1986)

Pierce STUART, d/b/a Stuart's Grocery; Nathan R. Boswell and Cornelia B. Boswell, d/b/a Hop's Bait Shop; Sterling Oil Company, Inc., an Alabama corporation; Crawford Beverage, Inc., an Alabama corporation; Billy Herring, d/b/a Herring's Holiday Inn Gulf Service; and the Alabama Wholesale Beer & Wine Association v. HISTORIC WAREHOUSE, INC., an Alabama corporation; Henry B. Gray III, as Administrator, and Frank V. Potts, Joe Smitherman, and Bill J. Dukes, as members of the Alcoholic Beverage Control Board of the State of Alabama.

Supreme Court of Alabama.

Rehearing Denied March 27, 1987.

Attorney(s) appearing for the Case

P. Richard Hartley of Hartley & Hickman, Greenville, and Walter R. Byars of Steiner, Crum & Baker, Montgomery, for appellants.

Joe W. Adams, Sp. Asst. Atty. Gen., and Stanley B. Sikes, Selma, for appellees.

Alvin T. Prestwood of Capouano, Wampold, Prestwood & Sansone, Montgomery, amicus curiae for appellant.

Charles A. Graddick, Attorney General, and Philip C. Davis, Asst. Atty. Gen., amicus curiae for appellee.

BEATTY, Justice.

The plaintiffs appeal from an order entered by the Montgomery Circuit Court dismissing their complaint because of their failure to exhaust administrative remedies provided by the Alabama Administrative Procedure Act, Code of 1975, § 41-22-1, et seq. (hereinafter "APA"). We affirm.

Historic Warehouse, Inc. (hereinafter "Warehouse") is a corporation that owns two retail liquor outlets. The outlets...

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