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SMITH v. LOUISIANA BD. OF ALCOHOLIC BEVERAGE CONTROL

No. 5070.

266 So.2d 543 (1972)

Gordon J. SMITH d/b/a Smitty's Speakeasy Pool Parlor v. LOUISIANA BOARD OF ALCOHOLIC BEVERAGE CONTROL.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 4, 1972.

Attorney(s) appearing for the Case

Carl O. Brown, Jr., New Orleans, for plaintiff-appellee.

Robert L. Roshto, Baton Rouge, for defendant-appellant.

Before REGAN, REDMANN and GULOTTA, JJ.

REDMANN, Judge.

Defendant board appeals from a district court judgment on trial de novo which reversed the board's decision suspending plaintiff's hard-liquor license for violation of R.S. 26:88 subds. (3) and (11).1

We conclude that a statute providing "No person * * * shall permit"2 (described acts on licensed premises) is not obeyed by mere inaction (as is, e. g., "No person shall discharge firearms...

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