Dear Client: Walmart continues to make its case to sell spirits in the Lone Star State. But it's been losing ground in its case against the Texas Alcoholic Beverage Commission in the Fifth Circuit Court of Appeals. Yesterday, the court denied the retailer's en banc review request, though there will be a rehearing. BACKGROUND. Walmart can sell beer and wine in Texas, but is prohibited from owning a package store permit, and therefore from selling spirits. The retailer filed a lawsuit challenging
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