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MATTER OF GABRIEL INVESTMENT GROUP, INCORPORATED

No. 21-50322.

37 F.4th 1092 (2022)

In the MATTER OF GABRIEL INVESTMENT GROUP, INCORPORATED and Gabriel GP, Incorporated. Debtors, Gabriel Investment Group, Incorporated, Appellant, v. Texas Alcoholic Beverage Commission, Appellee.

United States Court of Appeals, Fifth Circuit.

Filed June 24, 2022.

Attorney(s) appearing for the Case

David J. Beck, Esq. , Russell S. Post , Beck Redden, L.L.P., Houston, TX, for Appellant.

Rance Craft , Assistant Solicitor General, Office of the Attorney General for the State of Texas, Austin, TX, Jason Bradley Binford, Esq. , Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Austin, TX, for Appellee.

Before King, Costa, and Willett, Circuit Judges.

This Texas liquor law dispute poses a two-part question over the scope of an exemption from a general prohibition on public corporations owning package-store permits: Does Texas Alcoholic Beverage Code Section 22.16(f) "continue[] to exempt a public corporation if that corporation...

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