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ALCOHOLIC BEVERAGE COM'N v. 21ST AMENDMENT

No. 49A04-9306-CV-223.

626 N.E.2d 590 (1993)

INDIANA ALCOHOLIC BEVERAGE COMMISSION, et al., Appellants-Respondents, v. 21ST AMENDMENT, Inc., Appellee-Petitioner.

Court of Appeals of Indiana, Fourth District.

December 30, 1993.

Attorney(s) appearing for the Case

Pamela Carter, Atty. Gen., Richard E. Shevitz, Deputy Atty. Gen., Indianapolis, for appellants-respondents.

Stanley C. Fickle, Brian J. Martin, Barnes & Thornburg, Indianapolis, for amicus curiae.

Daniel P. Byron, Jan K. Keefer, McHale, Cook & Welch, Indianapolis, for appellee-petitioner.

CONOVER, Judge.

Respondent-Appellant Indiana Alcoholic Beverage Commission, et al. (hereinafter, ABC) appeals the Marion Circuit Court's decision to reverse an ABC administrative ruling pertaining to Petitioner-Appellee 21st Amendment, Inc.

We reverse.

The following issues are presented for our review:

1. whether ABC correctly determined that 21st Amendment acted outside the scope of its beer dealer permit in violation of IND. CODE 7.1-3-5...

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