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MILLER v. ALCOHOLIC BEVERAGE LAWS ENF.

No. 71675.

797 P.2d 1013 (1990)

James MILLER and the League of Bottled Beverage Retailers, an Oklahoma non-profit corporation, Appellees, v. The OKLAHOMA ALCOHOLIC BEVERAGE LAWS ENFORCEMENT COMMISSION, and Ron Willis as Director thereof, and the Oklahoma Tax Commission, Appellants, Tulsa Hotel Company, formerly known as Williams Plaza Hotel, Inc., and Tulsa Hotel Management Company, Inc., Appellants/Intervenors.

Court of Appeals of Oklahoma, Division No. 2.

September 4, 1990.

Attorney(s) appearing for the Case

Andrew C. Wilcoxen, Wilcoxen & Wilcoxen, Muskogee, for appellees.

Leslie Ann Collum and W. Kurt Morgan, Oklahoma City, for appellants, ABLE Com'n and Willis.

Robert Struble, Oklahoma City, for appellant, Tax Com'n.

James J. Proszek, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, for appellant/intervenor, Tulsa Hotel Co.

Jean Walpole Coulter, Jean Walpole Coulter & Associates, Inc., Tulsa, for appellant/intervenor, Tulsa Hotel Management Co.

Released for Publication by Order of the Court of Appeals of Oklahoma, Division No. 2.

OPINION

MEANS, Judge.

This is an appeal from a declaratory judgment holding certain provisions of the Oklahoma Alcoholic Beverage Control Act (Act), 37 O.S.Supp. 1987 §§ 501-599, to be in direct conflict with article 28, section 4 of the Oklahoma Constitution, and from the grant of a permanent injunction prohibiting...

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