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WAL-MART STORES v. TEXAS ALCOHOLIC BEVERAGE COM'N

No. 16-50041.

834 F.3d 562 (2016)

WAL-MART STORES, INCORPORATED; Wal-Mart Stores Texas, L.L.C.; Sam's East, Incorporated; Quality Licensing Corporation, Plaintiffs-Appellees, v. TEXAS ALCOHOLIC BEVERAGE COMMISSION, et al., Defendants, Texas Package Stores Association, Incorporated, Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed August 22, 2016.

Attorney(s) appearing for the Case

Neal Stuart Manne , Attorney, Alexander L. Kaplan , Michael Craig Kelso , Chanler Ashton Langham , Susman Godfrey, L.L.P., Houston, TX, Frederick W. Sultan, IV , Gardere Wynne Sewell, L.L.P., Austin, TX, for Plaintiffs-Appellees.

G. Alan Waldrop , Waldrop Firm, Ryan D. V. Greene , Terrill Firm, P.C., G. Alan Waldrop , Locke Lord, L.L.P., Austin, TX, for Movant-Appellant.

Before KING, JOLLY, and ELROD, Circuit Judges.

The Texas Package Stores Association ("the Association"), a trade group representing holders of permits allowing liquor retailing in the state of Texas, seek to intervene in a lawsuit between Wal-Mart and the Texas Alcoholic Beverage Commission ("the Commission"). Wal-Mart alleges that the regulatory system...

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