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ALCOHOLIC BEV. CONTROL v. NEWSOME

No. 309, 1995.

690 A.2d 906 (1996)

DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSION and Wal-Mart Stores, Inc., t/a Sam's Club #6630, Appellees Below, Appellants, v. Larry NEWSOME, Gil Thompson and Rob Carter, Appellants Below, Appellees.

Supreme Court of Delaware.

Decided: June 7, 1996.

Rehearing Denied July 11, 1996.

Attorney(s) appearing for the Case

Harry K.F. Terry, of Terry, Terry & Speakman, Dover, for appellants.

Noel E. Primos, of Schmittinger & Rodriguez, Dover, for appellees.

Before VEASEY, C.J., WALSH, HOLLAND, HARTNETT, and BERGER, JJ. (constituting the Court en Banc).

HOLLAND, Justice: for the majority.

This is an appeal from a final judgment of the Superior Court. That judgment reversed a decision of the Alcoholic Beverage Control Commission ("Commission"). The Commission had granted the application of the appellant, Wal-Mart Stores, Inc., t/a Sam's Club # 6330 ("Sam's"), for a package store license to sell alcoholic beverages for off-premises consumption at 1572 North duPont Highway...

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