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KIRBY v. ALCOHOLIC BEV. ETC. APP. BD.

Docket No. 1113.

270 Cal.App.2d 535 (1969)

75 Cal. Rptr. 823

EDWARD J. KIRBY, as Director, etc., Petitioner, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD, Respondent; MARTHA G. WHITFIELD, Real Party in Interest.

Court of Appeals of California, Fifth District.

March 10, 1969.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, and Nicholas C. Yost, Deputy Attorney General, for Petitioner.

Leo K. Gallant for Respondent.

Deadrich, Bates & Lund, Kenneth H. Bates and Jack E. Lund for Real Party in Interest.

CONLEY, P.J.

This proceeding, pursuant to section 23090 et seq. of the Business and Professions Code, reviews a decision and order of the Acloholic Beverage Control Appeals Board of the State of California in which it evidences a decided difference of opinion from the Department of Alcoholic Beverage Control relative to the penalty theretofore ordered against Martha G. Whitfield, doing business as Hal-Mar, in the City of Delano, because of her conviction of failure...

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