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BORETA ENTERPRISES v. DEPT. OF ALCOHOLIC BEVERAGE CTRL.

Docket Nos. S.F. 22660, 22661.

2 Cal.3d 85 (1970)

465 P.2d 1

84 Cal. Rptr. 113

BORETA ENTERPRISES, INC., Plaintiff and Respondent, v. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, Defendant and Appellant. (Two Cases.)

Supreme Court of California. In Bank.

February 26, 1970.

Attorney(s) appearing for the Case

COUNSEL

Thomas C. Lynch, Attorney General, Charlton G. Holland and L. Stephen Porter, Deputy Attorneys General, for Defendant and Appellant.

Melvin M. Belli, Paul J. Fitzpatrick, Robert L. Lieff and Belli, Ashe, Ellison, Choulos, Cone & Harper for Plaintiff and Respondent.

OPINION

SULLIVAN, J.

These two cases, considered together because of their common issues, present the question of whether the Department of Alcoholic Beverage Control (Department) has abused its discretion in revoking the on-sale, general bona fide eating place license of Boreta Enterprises, Inc. (licensee) doing business as the Off Broadway in San Francisco. In each of these actions the Department has appealed from a judgment of...

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