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KRUPP OIL CO., INC. v. YEARGAN

1931382.

665 So.2d 920 (1995)

KRUPP OIL COMPANY, INC. v. Mack YEARGAN, et al.

Supreme Court of Alabama.

Rehearing Denied July 21, 1995.

Attorney(s) appearing for the Case

Charles M. Coleman of Crownover, Coleman & Standridge, W. Ryan deGraffenried, Jr. and Michael C. Cornwell of Watson, Harrison & deGraffenried, Tuscaloosa, H. Dean Mooty, Jr., Montgomery, for appellant.

Robert E. Kirby, Jr. of Lucas, Alvis, Kirby & Wash, P.C., Birmingham, and Elizabeth R. Jones, Birmingham, for Larry West.

H. Lewis Gillis and Launice P. Sills of Thomas, Means & Gillis, P.C., Montgomery, for Alabama Alcoholic Beverage Control Board.

H. Dean Mooty, Jr., Montgomery, for amicus curiae Alabama Oilmen's Association/Alabama Association of Convenience Stores.

KENNEDY, Justice.

The plaintiff appeals from a summary judgment for the defendants, Mack Yeargan, as administrator of the Alcoholic Beverage Control Board ("ABC Board"), and Larry West, administrator of the estate of Teena West, in this declaratory judgment action challenging an ABC Board regulation.

Viewing the evidence in a light most favorable to the nonmoving parties, we find the following: Teena West was struck and killed by an automobile driven by Toni...

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