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BOSS CO., INC. v. BD. OF COM'RS OF ATLANTIC CITY

40 N.J. 379 (1963)

192 A.2d 584

THE BOSS CO., INC. T/A THE CLICK, AND CHRIS L. GROSS, DISTRICT DIRECTOR OF INTERNAL REVENUE, CAMDEN, NEW JERSEY, APPELLANTS, v. BOARD OF COMMISSIONERS OF THE CITY OF ATLANTIC CITY, CLOCK BAR & GRILLE, INC., AND SYCUR, INC., AND DIVISION OF ALCOHOLIC BEVERAGE CONTROL, DEPARTMENT OF LAW AND PUBLIC SAFETY, STATE OF NEW JERSEY, RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 1, 1963.

Attorney(s) appearing for the Case

Mr. Richard M. Roberts of the United States Department of Justice, Washington, D.C., argued the cause for appellants (Mr. Alfred Abbotts, appearing; Mr. David M. Satz, Jr., United States Attorney, attorney for appellants; Mr. Vincent J. Commisa, Assistant United States Attorney, Mr. Richard A. Levin, Assistant United States Attorney, Mr. Sidney E. Zion, Assistant United States Attorney, Mr. Dennis C. DeBerry, attorney, Regional Counsel's Office, Internal Revenue Service, of counsel, on the brief).

Mr. Herbert S. Alterman, Deputy Attorney General, argued the cause for respondent, Division of Alcoholic Beverage Control (Mr. Arthur J. Sills, Attorney General, attorney; Mr. Alterman, of counsel).

Mr. Chaim H. Sandler, Associate City Solicitor, argued the cause for respondent, City of Atlantic City (Mr. Murray Fredericks, City Solicitor, attorney).

Mr. Thomas W. Rauffenbart, attorney for respondents, Clock Bar & Grille, Inc., and Sycur, Inc., joined, by permission of the Appellate Division, in the brief of City of Atlantic City.

The opinion of the court was delivered by SCHETTINO, J.

The Boss Co., Inc., and the District Director of Internal Revenue appealed to the Appellate Division from the Conclusions and Order of the Director of the Division of Alcoholic Beverage Control dismissing their appeals and affirming the action of the Board of Commissioners of the City of Atlantic City in refusing to grant an application by Boss that liquor license C-188 be transferred to it, and in granting the...

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