KAYCEE, INC. v. SIMONSON

Nos. 20194, 20196.

369 F.2d 958 (1966)

KAYCEE, INC., and Seabright, Inc., Appellants, v. Joy R. SIMONSON et al., Individually and Comprising the Membership of the Alcoholic Beverage Control Board, and Citizens Association of Georgetown, Appellees. CARBER, INC., trading as Roundtable Restaurant, Appellant, v. Joy R. SIMONSON et al., Individually and Comprising the Membership of the Alcoholic Beverage Control Board, and Mr. & Mrs. Gardner E. Palmer et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided November 22, 1966.

Petition for Rehearing and for Rehearing Denied January 3, 1967.


Attorney(s) appearing for the Case

Mr. James F. O'Donnell, Washington, D. C., with whom Mr. Denis K. Lane, Washington, D. C., was on the brief, for appellant in 20,194.

Mr. J. E. Bindeman, Washington, D. C., with whom Mr. Leonard W. Burka, Washington, D. C., was on the brief, for appellant in 20,196.

Mr. John R. Hess, Asst. Corp. Counsel for District of Columbia, with whom Messrs. Milton D. Korman, Principal Asst. Corp. Counsel, Hubert B. Pair and Richard W. Barton, Asst. Corp. Counsel, were on the brief for appellee Simonson and certain other appellees. Mr. Charles T. Duncan, Corp. Counsel, also entered an appearance for appellee Simonson and certain other appellees.

Messrs. David C. Niblack and Arthur J. Whalen, Jr., Washington, D. C., were on the brief for appellee, Citizens Ass'n of Georgetown.

Messrs. R. Michael Duncan and Donald L. Morgan, Washington, D. C., were on the brief for appellees Palmer and others.

Mr. Robert B. Frank, Washington, D. C., filed a brief on behalf of Restaurant Beverage Ass'n of Washington, D. C., Inc. and Washington, D. C. Retail Liquor Dealers Ass'n as amici curiae.

Before WILBUR K. MILLER, Senior Circuit Judge, McGOWAN, Circuit Judge, and EDWARDS, Circuit Judge of the United States Court of Appeals for the Sixth Circuit.


Petition for Rehearing En Banc and for Rehearing Before the Division Denied January 3, 1967.

PER CURIAM.

The appellants, who were holders of retail liquor licenses for premises on M Street in Georgetown, applied to the Alcoholic Beverage Control Board of the District of Columbia for similar licenses for the year beginning February 1, 1966. During the course of extensive proceedings, the applicants moved that one of the Board members disqualify himself, or...

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