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HARVEY v. STATE

Nos. 2014-C-0035, 2014-CA-0156, 2014-CA-0977, 2014-CA-0978, 2014-CA-0979.

183 So.3d 684 (2015)

Robert G. HARVEY, Sr. In His Capacity as Managing Member/Owner of Wagner's Chef, L.L.C., Aberta, Inc. (d/b/a Chicken Box Cafeteria & Market), and B-Xpress Elysian Fields, L.L.C. v. STATE of Louisiana, Department of Revenue, Office of Alcohol and Tobacco Control, and Troy Hebert (Individually and In His Capacity as Commissioner of the Office of Alcohol and Tobacco Control). Robert G. Harvey, Sr., et al. v. State of Louisiana, et al. Robert G. Harvey, Sr., In His Capacity as Managing Member/Owner of Wagner's Chef, L.L.C., Aberta, Inc., et al. v. State of Louisiana, Department of Revenue, Office of Alcohol and Tobacco Control, and Troy Hebert, et al. Robert G. Harvey, Sr., In His Capacity as Managing Member/Owner of Wagner's Chef, L.L.C., Aberta, Inc. (d/b/a Chicken Box Cafeteria & Market), and B-Xpress Elysian Fields, L.L.C. v. State of Louisiana, Department of Revenue, Office of Alcohol and Tobacco Control. Wagner World, LLC v. State of Louisiana, Department of Revenue, Office of Alcohol and Tobacco Control and Troy Hebert, In His Capacity as Commissioner of the Office of Alcohol and Tobacco Control.

Court of Appeal of Louisiana, Fourth Circuit.

December 16, 2015.

Attorney(s) appearing for the Case

Robert G. Harvey, Sr. , Law Office of Robert G. Harvey, Sr., APLC, New Orleans, LA, Scott W. McQuaig , McQuaig & Stelly, Carl N. Finley , Carl N. Finley, Attorney-at-Law, L.C., Metairie, LA, G. Patrick Hand, Jr., Timothy F. Hand , The Hand Law Firm, Gretna, LA, for Plaintiff/Appellee.

Jan M. Hayden , Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, New Orleans, LA, James L. Hilburn , E. Wade Shows , Shows, Cali & Walsh, L.L.P., Baton Rouge, LA, for Defendant/Appellant.

(Court composed of Judge MADELEINE M. LANDRIEU, Judge JOY COSSICH LOBRANO, Judge SANDRA CABRINA JENKINS).

In this case, the State of Louisiana, Department of Revenue, Office of Alcohol and Tobacco Control, and Troy Hebert, individually and in his capacity as Commissioner of the Office of Alcohol and Tobacco Control (hereinafter collectively "State"), appeal the following two judgments granting preliminary injunctions in favor...

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