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DAL ROTH, INC. v. DIV. OF ALCOHOLIC BEVERAGE CONTROL

28 N.J. Super. 246 (1953)

100 A.2d 507

DAL ROTH, INC., A CORPORATION OF NEW JERSEY, APPELLANT, v. DIVISION OF ALCOHOLIC BEVERAGE CONTROL, DEPARTMENT OF LAW AND PUBLIC SAFETY OF NEW JERSEY, ET ALS., RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 6, 1953.

Attorney(s) appearing for the Case

Mr. Robert H. Wall argued the cause for appellant Dal Roth, Inc. (Messrs. Wall & Whipple, attorneys).

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

Mr. Charles Hershenstein argued the cause for the remaining respondents (Mr. Sidney Simandl, attorney for respondent Jersey City Liquor Dealers' Association; Messrs. Halpern & Halpern, attorneys for respondents Finbar Inc., Gray's Eating Places of New Jersey, Journal Square Bakery, Inc., Ace Shirt Shop Inc., John Maske, John DeDousis, Theodore G. Antos d/b/a/ Theodore The Florist, Mangor Drink Stores d/b/a/ Gormans and Terminal Cafe; Mr. Charles Hershenstein, attorney for respondent Tube Bar Inc.).

Before Judges CLAPP, GOLDMANN and EWART.

The opinion of the court was delivered by GOLDMANN, J.A.D.

This is an appeal from the determination and order of the Division of Alcoholic Beverage Control reversing the action of the Board of Alcoholic Beverage Control of the City of Jersey City in granting appellant Dal Roth, Inc. a transfer of a plenary retail consumption license from person-to-person and place-to-place. The transfer from person-to-person was from Joseph A. Davis, as receiver of Commuters Bar,...

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