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HOUPT v. TOWN OF MILLIKEN

No. 17003.

260 P.2d 735 (1953)

HOUPT v. TOWN OF MILLIKEN.

Supreme Court of Colorado, en Banc.

August 24, 1953.

Attorney(s) appearing for the Case

Sol Cohen and A. E. Small, Jr., Denver, for plaintiff in error.

Walter F. Scherer, Denver, and Barnard Houtchens, Greeley, for defendant in error.

KNAUSS, Justice.

The parties hereto appear in the same order as they did in the trial court. We shall refer to them as plaintiff and defendant.

Plaintiff, under a permit issued from week to week by the Town of Milliken, operated a public dancehall in said town. She also possessed a license to dispense 3.2 per cent beer. Plaintiff sought an injunction restraining the town from enforcing an ordinance admittedly duly enacted, forbidding

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