Opinion
Calendar No. 49,613.
On subsequent granting of license, petition for mandamus dismissed September 10, 1962.
Original mandamus by Northline Drugs # 2, Inc., a Michigan corporation, against Michigan Liquor Control Commission and its members to compel issuance of specially designated merchant's license for sale of wine and beer. Submitted June 5, 1962. (Calendar No. 49,613.) On subsequent granting of license, petition for mandamus dismissed September 10, 1962.
Philip Weiss and Jesse R. Bacalis, for plaintiff.
Frank J. Kelley, Attorney General, Eugene Krasicky, Solicitor General, and Thomas H. Healy, Jr., Assistant Attorney General, for defendant.
Amicus Curiae: Stanton, Taylor, McGraw Collison ( John W. McGraw, of counsel), for Otto Taylor Construction Company.
In the month preceding oral argument of this case, this Court decided Kroger Co. v. Liquor Control Commission, 366 Mich. 481. In recognition of the controlling applicability of the Kroger Case, the attorney general advised the defendants Liquor Control Commission and its members that a license should be issued to the plaintiff. On July 2, 1962, the commission entered an order approving plaintiff's application and on July 9, 1962, a license was accordingly issued.
Petition for writ of mandamus is dismissed. No costs.
CARR, C.J., and DETHMERS, KELLY, BLACK, KAVANAGH, SOURIS, OTIS M. SMITH, and ADAMS, JJ., concurred.