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BIVONA v. HOCK

5 N.J. Super. 118 (1949)

68 A.2d 477

CHARLES BIVONA, MICHAEL J. BIVONA AND AUGUSTUS C. BIVONA, PARTNERS T/A CHARLIE'S TAVERN, APPELLANTS, v. ERWIN B. HOCK, DIRECTOR OF THE DIVISION OF ALCOHOLIC BEVERAGE CONTROL (AN ADMINISTRATIVE AGENCY OF THE STATE OF NEW JERSEY), AND COMMON COUNCIL OF THE CITY OF PLAINFIELD, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 30, 1949.

Attorney(s) appearing for the Case

Mr. George F. Hetfield argued the cause for appellants (Messrs. Hetfield & Hetfield, attorneys).

Mr. Samuel B. Helfand, Deputy Attorney General, argued the cause for respondent, Erwin B. Hock, Director of the Division of Alcoholic Beverage Control (Mr. Theodore D. Parsons, Attorney General, attorney).

Mr. Salvador Diana argued the cause for respondent, Common Council of the City of Plainfield.

Before Judges JACOBS, SMALLEY and SCHETTINO.

The opinion of the court was delivered by SCHETTINO, J.S.C.

This is an appeal from an affirmance by the Director of the Division of Alcoholic Beverage Control of the denial by the Common Council of the City of Plainfield of an application for a transfer of a plenary retail consumption license.

Appellants have held the license for premises known as 458 West Fourth Street, Plainfield, since 1945. The premises have...

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