Little Caesar's, Inc. v. Alabama Alcoholic Beverage Control Board

Court of Civil Appeals of Alabama

Little Caesar's, Inc. v. Alabama Alcoholic Beverage Control Board

386 So. 2d 231, 1980 Ala. Civ. App. LEXIS 1102

CourtCourt of Civil Appeals of Alabama

DecidedJuly 23, 1980

DocketCiv. 1766

StatusPublished

Cited by1 cases

This text of 386 So. 2d 231 (Little Caesar's, Inc. v. Alabama Alcoholic Beverage Control Board) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Little Caesar's, Inc. v. Alabama Alcoholic Beverage Control Board, 386 So. 2d 231, 1980 Ala. Civ. App. LEXIS 1102 (Ala. Ct. App. 1980).

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Opinion

BRADLEY, Judge.

The prior opinion of this court, 386 So.2d 224, has been reversed in part and remanded by the supreme court, 386 So.2d 228. On remand to this court, and in compliance with the supreme court’s opinion of May 9, 1980, the judgment of the Montgomery County Circuit Court holding ABC Regulation No. 44 constitutional is affirmed.

However, in view of the opinion of the supreme court affirming this court’s holding that Little Caesar’s, Inc. was not guilty of the charge of “walking around with drinks,” we remand this cause to the circuit court with instructions that the cause be sent back to the ABC Board for further consideration.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED WITH INSTRUCTIONS.

WRIGHT, P. J., and HOLMES, J., concur.

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