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HORNELL BREWING v. DEPT. OF PUBLIC SAFETY

No. CO-95-2710.

553 N.W.2d 713 (1996)

In the Matter of the Contested Case of HORNELL BREWING CO., INC., et al., Relators, v. MINNESOTA DEPARTMENT OF PUBLIC SAFETY, LIQUOR CONTROL DIVISION, Respondent, Office of Administrative Hearings, Respondent.

Court of Appeals of Minnesota.

September 17, 1996.

Attorney(s) appearing for the Case

Randall D.B. Tigue, Randall Tigue Law Office, P.A., Minneapolis, for Relator Hornell Brewing Co.

Kathleen Milner, Legal Counsel, Minnesota Civil Liberties Union, Minneapolis, for Relator Hornell Brewing Co.

Hubert H. Humphrey, III, Attorney General, Jeffrey F. Lebowski, Assistant Attorney General, St. Paul, for Respondent Minnesota Department of Public Safety.

Robert P.W. Gough, Rosebud, SD, for Intervenor Estate of Tasunke Witko.

Kenneth E. Tilsen, Hamline University School of Law, St. Paul, for Intervenor Estate of Tasunke Witko.

Considered and decided by AMUNDSON, P.J., and NORTON and PETERSON, JJ.

OPINION

PETERSON, Judge.

This appeal is from an order of the Commissioner of Public Safety revoking the brand label registration of a malt liquor product. We reverse.

FACTS

In early 1992, relator Hornell Brewing Co., Inc., (Hornell) planned to begin selling in Minnesota a malt liquor product called "The Original Crazy Horse Malt Liquor." In March 1992, G. Heileman Brewing Company, Inc....

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