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MARTIN v. ALCOHOLIC BEV. ETC. APPEALS BD.

Docket No. S.F. 20640.

55 Cal.2d 867 (1961)

362 P.2d 337

13 Cal. Rptr. 513

THOMAS W. MARTIN, as Director of the Department of Alcoholic Beverage Control, Appellant, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD et al., Respondents.

Supreme Court of California. In Bank.

May 25, 1961.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, E.G. Funke, Assistant Attorney General, Wiley W. Manuel and James A. Gaughran, Deputy Attorneys General, for Appellant.

Charles P. Just, Chief Counsel, Athearn and Athearn and Forden Athearn for Respondents.

SCHAUER, J.

The Department of Alcoholic Beverage Control (hereinafter called the department) denied an on-sale beer and wine license to applicants Hayes, who thereupon appealed to the Alcoholic Beverage Control Appeals Board (hereinafter called the appeals board). The appeals board reversed the decision of the department. The department, through its director, then brought this mandamus proceeding seeking to compel the appeals board to reverse that board's decision...

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