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V. F. W. HOLD. CO. v. DELAWARE ALCOHOLIC BEV. CON. COM'N

252 A.2d 122 (1969)

V. F. W. HOLDING CO., INC., GEN. W. W. ATTERBURY POST NO. 3420, Petitioner, v. DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSION.

Superior Court of Delaware, New Castle.

March 27, 1969.

Attorney(s) appearing for the Case

John E. Babiarz, Jr., Wilmington, for petitioner.

Andrew G. T. Moore II, Killoran & Van Brunt, Wilmington, for the Commission.

OPINION

O'HORA, Judge.

On New Year's Eve, 1967, a Sunday, two inspectors of the Delaware Alcoholic Beverage Control Commission ("Commission") observed 75 to 100 people sitting at tables and consuming alcoholic beverages in a room at petitioner's club-house. Three bartenders were behind the bar. On the back of the bar were approximately 35 bottles of liquor, none of which bore the names of clubmembers. All of the club's liquor cabinets were unlocked and empty...

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