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SHEELEY v. BOARD OF COUNTY COMMISSIONERS

No. 18510.

325 P.2d 275 (1958)

Glen E. SHEELEY, Plaintiff in Error, v. The BOARD OF COUNTY COMMISSIONERS In and For the COUNTY OF COSTILLA and State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

May 12, 1958.

Attorney(s) appearing for the Case

Whitford W. Myers, Merle M. Marshall, Alamosa, for plaintiff in error.

D. O. Tipton, San Luis, for defendant in error.

SUTTON, Justice.

Plaintiff in error Sheeley filed an action in the District Court under Rule 106(a) (2) R.C.P. seeking relief in the nature of mandamus to compel the Board of County Commissioners of Costilla County to issue him a Restaurant Liquor License based upon his application theretofore made, and denied by the Board. The Board filed its answer denying that Sheeley was entitled to relief. The District Court at the trial, upon finding that there was no record...

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