Duke Molner Wholesale Liquor Co. v. Martin

This is an appeal from a judgment which in effect declared a rule of the Department of Alcoholic Beverage Control to be proper and constitutional.

In the third amended complaint for declaratory relief and injunction plaintiffs sought a declaration that rule 28 (the rule in dispute) was unconstitutional and could not be enforced against the plaintiffs. A statement was filed by the parties pursuant to a pretrial conference order which substantially set forth the facts and the issues to be determined. That statement set forth the nature of the case, the plaintiffs’ contentions, the defendants’…