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GILL v. RAFN

No. 9634.

326 P.2d 974 (1958)

Fred GILL, Plaintiff and Respondent, v. J.A. RAFN, et al., asS the Montana Liquor Control Board, and J.E. Manning, as Adminstrator, etc., DEfendants and Appellants.

Supreme Court of Montana.

Decided June 23, 1958.

Attorney(s) appearing for the Case

Forrest H. Anderson, Atty. Gen., H.J. Luxan, Jr. Sp. Asst. Atty. Gen., Helena, for appellants.

H.J. Luxan, Sp. Asst. Atty. Gen., Helena, argued orally for appellants.

Carl M. Davis, Dillon, and Wesley W. Wertz, Helena, amici curiae.

John W. Mahan, Helena, for respondent.

John W. Mahan, Helena, argued orally for respondent.

HARRISON, Chief Justice.

This is an appeal from a judgment of the district court of the first judicial district directing that the defendants, the Montana Liquor Control Board, and the Administrator of the State Liquor Control Act, R.C.M. 1947, section 4-101 et seq., issue to the plaintiff, Fred Gill, a retail beer and liquor license for use at Wise River, Montana.

The only facts pertinent to a determination of this case are: On May 5, 1954, plaintiff applied...

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