Appeals Court Rules Against Wal-mart in its Case to Sell Spirits in TX

Dear Client:Throughout Wal-mart's fight with the Texas Alcoholic Beverage Commission (TABC) to sell spirits in the Lone Star State, it seemed like the scales tipped in favor of the retailer. But yesterday, the Fifth Circuit said the district court "erred in its findings," and is not wholly convinced that the state's public corporation ban is discriminatory. But first, some background. BACKGROUND. Wal-mart can sell beer and wine in Texas, but is prohibited from owning a package store permit, and therefore from selling