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M & W RESTAURANTS v. ABLE

No. 96,849.

63 P.3d 559 (2002)

2003 OK CIV APP 12

M & W RESTAURANTS, INC. d/b/a Tapwerks Ale House & Cafe, Plaintiff/Appellee, and Oklahoma Malt Beverage Association, Intervenor/Appellee, v. OKLAHOMA ALCOHOLIC BEVERAGE LAWS ENFORCEMENT COMMISSION, Defendant/Appellant.

Court of Civil Appeals of Oklahoma, Division No. 1.

Certiorari Denied January 28, 2003.

Attorney(s) appearing for the Case

Jeff L. Hartmann, Kerr, Irvine, Rhodes & Ables, Oklahoma City, for Plaintiff/Appellee.

Ronald E. Stakem, Clark, Stakem, Wood & Patten, P.C., Oklahoma City, OK, for Intervenor/Appellee.

W. Kurt Morgan, Commission Counsel, Alcoholic Beverage Laws Enforcement Commission, Oklahoma City, for Defendant/Appellant.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

Opinion by KENNETH L. BUETTNER, Judge.

¶ 1 The trial court granted a declaratory judgment in favor of M & W Restaurants, Inc. (Tapwerks) and the Oklahoma Malt Beverage Association (OMBA) finding that the Oklahoma Constitution's authorization to the Alcoholic Beverage Laws Enforcement Commission (the ABLE Commission...

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