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E-Z MART STORES, INC. v. KIRKSEY

No. 88-2778.

885 F.2d 476 (1989)

E-Z MART STORES, INC., Appellee, Jerry McLaughlin, Intervenor, v. Terry KIRKSEY, Individually and as a police officer, Rosendo Marin, Individually and as a police officer, William Shackelford, Individually and as a police officer, Appellants, City of Malvern, Jim Sutherland, Individually and as a police officer.

United States Court of Appeals, Eighth Circuit.

Decided September 19, 1989.

Attorney(s) appearing for the Case

J. Winston Bryant, N. Little Rock, Ark., for appellants.

James W. Tilley, Little Rock, Ark., for appellee.

Before BEAM, Circuit Judge, and HEANEY and BRIGHT, Senior Circuit Judges.

BEAM, Circuit Judge.

Terry Kirksey, Rosendo Marin, and William Shackelford, police officers in Malvern, Arkansas, appeal the district court's denial of their motion for summary judgment. We remand with instructions.

I. BACKGROUND

Arkansas statutes prohibit the sale of intoxicating liquor in any county in which a majority of the electors have voted against such sale. Ark.Code Ann. §§ 3-8-208, 3...

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