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CITY OF FORT WAYNE v. KOTSOPOULOS

No. 02A03-9705-CV-170.

704 N.E.2d 1069 (1999)

CITY OF FORT WAYNE, Appellant-Plaintiff, v. George KOTSOPOULOS and M. Robert Benson, Appellees-Defendants.

Court of Appeals of Indiana.

January 14, 1999.

Attorney(s) appearing for the Case

Trina Glusenkamp Gould, City of Fort Wayne Law Department, Fort Wayne, for Appellant-Plaintiff.

M. Robert Benson, Benson, Pantello, Morris, James & Logan, Fort Wayne, pro se.

Robert E. Connolly, Fort Wayne, for Appellee-Defendant George Kotsopoulos.

OPINION

KIRSCH, Judge.

The City of Fort Wayne (the City) appeals from a summary judgment that dismissed citations the City had issued to George Kotsopoulos and M. Robert Benson (collectively, the Merchants) for violation of the City's Transient Merchant ordinance. The appeal presents one dispositive issue: Whether the Indiana statutes controlling the sale of alcoholic beverages preempt Fort Wayne's Transient...

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