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NATIONAL RAILROAD PASSENGER CORPORATION v. HARRIS

No. Civ-72-636.

354 F.Supp. 887 (1972)

NATIONAL RAILROAD PASSENGER CORPORATION, also known as Amtrak, Plaintiff, v. Curtis P. HARRIS, District Attorney, District No. 7, Oklahoma County, Oklahoma, et al., Defendants.

United States District Court, W. D. Oklahoma.

December 30, 1972.

Attorney(s) appearing for the Case

Loyd Benefield and Lana Jeanne Tyree, Oklahoma City, Okl., for plaintiff.

James R. McKinney, and Bill J. Bruce, Asst. Dist. Attys., Oklahoma City, Okl., for defendant, Curtis P. Harris.

Jeff L. Hartmann, and Steven E. Moore, Asst. Atty. Gens., Oklahoma City, Okl., for defendants, Larry Derryberry and Weldon E. Davis.

MEMORANDUM OPINION

CHANDLER, District Judge.

The plaintiff National Railroad Passenger Corporation, known as AMTRAK, seeks a judicial declaration that the provisions of the Oklahoma Constitution, Article 27, § 4 and of the Oklahoma Statute, Title 37 Okl.St.Ann. § 538(h), relating to the sale of alcoholic beverages are inapplicable to it; that the Congress of the United States has placed the regulation of its activities completely under the control...

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