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KELLY v. CITY OF FORT COLLINS

No. 22863.

431 P.2d 785 (1967)

Paul L. KELLY, Plaintiff in Error, v. CITY OF FORT COLLINS, Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

September 18, 1967.

Attorney(s) appearing for the Case

William H. Allen, Ft. Collins, for plaintiff in error.

March, March & Sullivan, Ft. Collins, for defendant in error.

SUTTON, Justice.

This court has granted certiorari on the petition of Paul L. Kelly to determine the validity of an ordinance of the City of Fort Collins regulating the sale of fermented malt beverages. Petitioner at all times has admitted a sale but has challenged the constitutionality of the ordinance itself under which he was originally convicted in the municipal court. We will refer to Kelly by name or as petitioner and to the respondent City of Fort Collins,...

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