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LITTLE BEVERAGE CO., INC. v. DePREZ

No. 49A02-0203-CV-232.

777 N.E.2d 74 (2002)

LITTLE BEVERAGE CO., INC. and Miami Beverage, Inc., Appellants-Plaintiffs, v. Mary DePREZ, as Chairperson, Barbara Glass, as Vice-Chairperson, James L. Davis, as Commissioner, and Gigi Marks, as Commissioner, each in his or her stated official capacity, Indiana Alcohol & Tobacco Commission and Anheuser-Busch, Inc., Appellees-Defendants, Indiana Beverage Alliance, Inc., Zink Distribution Co., LLC, United Beverage Co. of South Bend, Inc. and Monarch Beverage Co., Inc., Appellees-Intervenors.

Court of Appeals of Indiana.

October 25, 2002.

Attorney(s) appearing for the Case

David J. Bodle, Timothy J. O'Hara, Scott S. Morrisson, Henderson, Daily, Withrow & DeVoe, Indianapolis, IN, Attorneys for Appellants.

Steve Carter, Attorney General of Indiana, David L. Steiner, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellees, Indiana Alcohol and Tobacco Commission, Its Chairperson, Vice-Chairperson and Commissioners.

Peter J. Rusthoven, Larry A. Mackey, William E. Padgett, John P. Fischer, Barnes & Thornburg, Indianapolis, IN, Attorneys for Appellee, Anheuser-Busch, Inc.

Scott R. Leisz, Bingham McHale LLP, Indianapolis, IN, Attorney for Appellees, Indiana Beverage Alliance, Inc., Zink Distribution Co., LLC, United Beverage Co. of South Bend, Inc. & Monarch Beverage Co., Inc.

OPINION

MATHIAS, Judge.

Little Beverage Co., Inc. and Miami Beverage, Inc. (collectively "Little") appeal the trial court's grant of summary judgment in favor of the Alcohol and Tobacco Commission and its commissioners individually (collectively "ATC"), and Anheuser-Busch, Inc. ("A-B"), and its judgment in favor of A-B on the declaratory relief A-B requested in its counterclaim, raising the following issues for review:

I. Whether, after the repeal...

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