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NATIONAL WINE v. ALCOHOL & TOBACCO COM'N

No. 49A02-1006-PL-612.

945 N.E.2d 182 (2011)

NATIONAL WINE & SPIRITS CORPORATION, Appellant-Plaintiff, v. INDIANA ALCOHOL & TOBACCO COMMISSION and Southern Wine & Spirits of Indiana, Inc., Appellees-Defendants.

Court of Appeals of Indiana.

March 2, 2011.

Attorney(s) appearing for the Case

Steven M. Badger , Suzanna Hartzell-Baird , Bose McKinney & Evans, LLP, Attorneys for Appellant, National Wine & Spirits Corporation.

Byron E. Leet , pro hac vice, Rebeccca B. Howard , Wyatt, Tarrant & Combs, LLP, New Albany, IN, John B. Drummy , Kightlinger & Gray, LLP, Indianapolis, IN, Attorneys for Appellees, Southern Wine & Spirits of Indiana, Inc.

Gregory F. Zoeller , Attorney General of Indiana, Frances Barrow , Deputy Attorney General, Indianapolis, IN, Attorney for Appellee, Indiana Alcohol and Tobacco Commission.

OPINION

FRIEDLANDER, Judge.

National Wine & Spirits Corporation (National Wine) appeals from the trial court's order dismissing its petition for judicial review of the issuance of a wine and liquor permit to a competitor, Southern Wine & Spirits of Indiana, Inc. (Southern Wine). National Wine raises several issues for our review, which we consolidate and restate as follows: Did the trial court err by dismissing National Wine's petition for judicial...

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