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CELLARMASTER WINES OF MISSOURI v. KENNEDY

Civ. A. No. 84-4113.

603 F.Supp. 793 (1985)

CELLARMASTER WINES OF MISSOURI, INC., Plaintiff, v. Thomas J. KENNEDY, Director, Alcoholic Beverage Control Div., Kansas Department of Revenue, Defendant.

United States District Court, D. Kansas.

January 22, 1985.

Attorney(s) appearing for the Case

Michael W. Merriam, of Colmery, McClure, Letourneau, Entz & Merriam, Topeka, Kan., for plaintiff.

Richard Hodson, Asst. Atty. Gen., Topeka, Kan., for defendant.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter comes before the court on the motion of plaintiff Cellarmaster Wines of Missouri, Inc., (Cellarmaster) for a preliminary injunction. Cellarmaster and defendant Thomas J. Kennedy, Director of the Kansas Department of Revenue's Alcoholic Beverage Control Division, (the Director) have submitted a "Stipulation of Facts" to accompany the motion. For the reasons set out below, we will deny the injunction...

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