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EX PARTE ALA. ALCOHOLIC BEV. CONTROL BD.

1940558.

683 So.2d 952 (1996)

Ex parte ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD, et al. (In re Jean BARTLETT, d/b/a Package Palace v. ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD, et al.).

Supreme Court of Alabama.

Rehearing Denied May 17, 1996.

Attorney(s) appearing for the Case

Jeff Sessions, Atty. Gen., Jeffery H. Long, Asst. Atty. Gen., and William P. Gray, Jr., Governor's Legal Advisor, for petitioner.

Jim L. DeBardelaben and Dorothy F. Norwood, Montgomery, for Jean Bartlett.

Jeff Sessions, Atty. Gen., and William A. Gunter IV, Deputy Atty. Gen., for amicus curiae Department of Conservation and Natural Resources.

William Prendergast and Lynn Sensabaugh Merrill, Asst. Attys. Gen., Department of Human Resources, for amicus curiae Alabama Department of Human Resources.

Mark J. Williams and Tracy S. McCooey, Montgomery, for amicus curiae Alabama State Employees Association, in support of appellee.

Jeff Sessions, Atty. Gen., and John R. Wible, Gen. Counsel, Department of Public Health, for amicus curiae Department of Public Health.

PER CURIAM.

The Alabama Alcoholic Beverage Control Board ("Board") petitioned this Court for certiorari review of the judgment of the Court of Civil Appeals holding that the Board's retail sale of alcoholic beverages violated Article IV, § 93, Alabama Constitution of 1901. We granted the writ, and we now reverse that holding. However, we affirm a separate aspect of that judgment.

The Court of Civil Appeals issued an opinion affirming in part and reversing...

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