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NAMPA LODGE NO. 1389, ETC. v. SMYLIE

No. 7712.

229 P.2d 991 (1951)

NAMPA LODGE NO. 1389 OF BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA et al. v. SMYLIE, Atty. Gen., et al.

Supreme Court of Idaho.

April 2, 1951.

Attorney(s) appearing for the Case

Robert E. Smylie, Atty. Gen., William H. Bakes, Blaine F. Evans, Asst. Attys. Gen., W. W. Wander, Pros. Atty., Caldwell, for appellants.

Earl E. Garrity, Van de Steeg & Schiller, Nampa, Richards, Haga & Eberle, Boise, for respondents.

THOMAS, Justice.

The commissioner of law enforcement of the state of Idaho, the city of Nampa and Canyon County each issued an annual retail liquor license to each plaintiff for the retail sale of liquor by the drink in Nampa, Idaho for a period beginning January 1, 1950 and expiring at midnight on the 31st day of December, 1950. Each plaintiff did engage in the retail sale of liquor by the drink in Nampa under such licenses during the year 1950 up to and including...

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