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GEER v. PRESTO

No. 17985.

313 P.2d 980 (1957)

Edward O. GEER, as Manager of Safety and Excise of the City and County of Denver, a Municipal Corporation, Plaintiff in Error, v. John PRESTO and Nancy Presto, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied August 19, 1957.

Attorney(s) appearing for the Case

John C. Banks, City Atty., Ty R. Williams, Thomas A. Gilliam, Brian H. Goral, Asst. City Attys., Denver, for plaintiff in error.

Joseph D. Neff, A. E. Small, Jr., Denver, for defendants in error.

FRANTZ, Justice.

The licensing authority denied an application for a hotel and restaurant liquor license made pursuant to the Liquor Code of 1935, C.R.S. '53, 75-2-1 et seq. Upon review under Rule 106(a) (4) Rules of Civil Procedure Colo., the District Court held that such denial was arbitrary, and directed that a license issue to Presto. Reversal of the judgment of the trial court is sought.

Presto owns a restaurant at 233 East 7th Avenue in Denver. East...

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