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BIG TOP, INCORPORATED v. SCHOOLEY

No. 19912.

368 P.2d 201 (1962)

BIG TOP, INCORPORATED, a corporation, Plaintiff in Error, v. John M. SCHOOLEY, Manager of Safety and Excise of the City and County of Denver, State of Colorado, and the City and County of Denver, a municipal corporation of the State of Colorado, Defendants in Error.

Supreme Court of Colorado. In Department.

January 22, 1962.

Attorney(s) appearing for the Case

Phelps & Wittelshofer, Richard P. Hall, Denver, for plaintiff in error.

Robert S. Wham, City Atty., W. Keith Peterson, Asst. City Atty., Denver, for defendants in error.

FRANTZ, Justice.

In this opinion Big Top, Incorporated will be referred to as "Big Top," John M. Schooley, Manager of Safety and Excise of the City and County of Denver as "Schooley," and the City and County of Denver as "Denver."

Big Top applied for a 3.2% beer license for its premises at 4051 East Yale Avenue in Denver. As the licensing authority, Schooley, without a hearing, denied the application by letter, wherein he advised Big Top, as the basis for...

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