KNALL BEVERAGE, INC. v. BODEY, 139 Ohio St. 171 (1941)

38 N.E.2d 411

KNALL BEVERAGE, INC., APPELLANT v. BODEY ET AL., BOARD OF LIQUOR CONTROL, ET AL., APPELLEES. GOEBEL BREWING CO., APPELLANT v. BODEY ET AL., BOARD OF LIQUOR CONTROL, ET AL., APPELLEES.

Nos. 28839 and 28840Supreme Court of Ohio.
Decided December 24, 1941.

Supreme Court — Dismissals — No debatable constitutional question involved — Board of Liquor Control — Regulation of size of containers for state of beer and malt — Section 6064-8, paragraph 1(e), General Code — Amended Regulation No. 5, Board of Liquor Control — Delegation of legislative power — Section 1, Article II, Constitution — Arbitrary exercise of state police power — Interstate commerce and repeal of prohibition — section 8, Article I, and Article XXI, Amendments, U.S. Constitution.

APPEALS from the Court of Appeals of Franklin county.

Messrs. Ballard Dresbach and Messrs. Race, Haass, Allen Brewer, for appellants.

Mr. Thomas J. Herbert, attorney general, Mr. David M. Spriggs
and Mr. Arthur W. Galloway, for appellees.

It is ordered and adjudged that these appeals as of right be, and the same hereby are, dismissed for the reason that no debatable constitutional question is involved.

Appeals dismissed.

WEYGANDT, C.J., TURNER, WILLIAMS, MATTHIAS, HART, ZIMMERMAN and BETTMAN, JJ., concur.

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