FELIX v. MILLIKEN

Civ. Nos. 78-73015, 78-73159.

463 F.Supp. 1360 (1978)

Frank D. FELIX, d/b/a J. C.'s Rock Saloon, Back Seat Saloon Country Cousin, Inc., a Michigan Corporation, Theresa Haver, Carol Prantera, Kathy Bugaj, Guardian Pharmacy, Inc., a Michigan Corporation, Robert Sternberg, Jeffrey Scott Sternberg, and Jane Marie Smith, Plaintiffs, v. The Honorable William G. MILLIKEN, in his capacity as Governor of the State of Michigan, Frank J. Kelley, in his official capacity as Attorney General of the State of Michigan, Stanley Thayer, in his official capacity as Chairman of the Michigan Liquor Control Commission, and Louis Jarboe, Thomas A. Van Tiem, Sr., Edward Weist and Joseph Wisniewski, in their official capacities as duly appointed members of the Michigan Liquor Control Commission, Defendants. James T. FARRELL, Peggy L. O'Dell, David Fischer, Mark Armitage, Linda Feldt, Janice H. Danigin, Jeffrey A. Lebow, Dooley's Inc., a Michigan Corporation, Ann "R" Inc., a Michigan Corporation d/b/a Second Chance, Alibi, Inc., a Michigan Corporation, Roy Lancaster and Diane Lancaster, d/b/a Woodworth House, Vince Catapano, d/b/a Pompei Lounge, and Michigan Committee for the Age of Responsibility, Plaintiffs, v. Stanley G. THAYER, Louis G. Jarboe, Thomas A. Van Tiem, Sr., Edward F. Weist and Joseph L. Wisniewski, members of the Michigan Liquor Control Commission, and Frank J. Kelley, Attorney General of the State of Michigan, Defendants.

United States District Court, E. D. Michigan, S. D.

December 22, 1978.


Attorney(s) appearing for the Case

Stephen M. Taylor and Carl L. Rubin, Southfield, Mich., Robert Eugene Smith, Atlanta, Ga., Avern L. Cohn and Stephen F. Wasinger, Detroit, Mich., for plaintiffs.

George H. Weller and Deborah Anne Devine, Asst. Attys. Gen., Lansing, Mich., for defendants.


OPINION

GUY, District Judge.

The court has before it two consolidated cases both challenging the constitutionality of a constitutional amendment passed by the voters of the State of Michigan on November 7, 1978. Felix was filed in this court on November 20, 1978. Farrell was filed in the Circuit Court for the County of Wayne on November 27, 1978, and was removed to this court by the defendants on December 8, 1978. Both cases sought temporary...

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