Court of Appeals for the Eighth Circuit September 19, 1989, No. 88-2778 (E-Z Mart Stores, Inc. v. Kirksey)

BEAM, Circuit Judge.

Terry Kirksey, Rosendo Marin, and William Shackelford, police officers in Mal-vern, Arkansas, appeal the district court’s denial of their motion for summary judgment. We remand with instructions.

*477I. BACKGROUND

Arkansas statutes prohibit the sale of intoxicating liquor in any county in which a majority of the electors have voted against such sale. Ark.Code Ann.