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IN RE FRANK

No. 1 CA-CIV 1815.

20 Ariz. App. 539 (1973)

514 P.2d 292

In the Matter of that Certain Application for Transfer of License, Person to Person, No. 1169, to H.J. FRANK, Safeway Stores, Inc., Store No. 151, and that certain Application for Transfer of License, Location to Location, No. 1168, to Lester R. Tissum, Safeway Stores, Inc., Store No. 151. SAFEWAY STORES, INC., a Maryland corporation, Intervenor, and Arizona State Liquor Board, a body politic of the State of Arizona, Appellants, v. CITY OF PRESCOTT, a municipal corporation of the State of Arizona; Louis R. Kegley and Elaine M. Kegley, husband and wife; Barry F. Kegley; John D. Tone, Sr. and Merry Jane Tone, husband and wife; Ernest E. Thompson and Marion Thompson, husband and wife; Matthew A. Butitta; R.J. Viliborghi and Thelma L. Viliborghi, husband and wife; H.S. Dunbar; R & A Investment Corporation; Rudy Listal and Adeline Listal, husband and wife; John W. Oelze and Lois C. Oelze, husband and wife; Allen J. McCarty and Joetta K. McCarty, husband and wife; J.W. Branch and Laura W. Branch, husband and wife; Yavapal County Retail Liquor Dealers, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied October 18, 1973.

Review Denied November 6, 1973.

Attorney(s) appearing for the Case

Snell & Wilmer, by Burr Sutter, Phoenix, for appellant Safeway Stores, Inc.

Gary K. Nelson, Atty. Gen., by Stirley Newell Cantor, Asst. Atty. Gen., Phoenix, for appellant Ariz. State Liquor Bd.

Head & Toci, P.C., by Philip E. Toci, Prescott, for appellees.

OPINION

EUBANK, Presiding Judge.

This appeal by Safeway Stores is from a Superior Court judgment which reversed the opinion and order of the State Liquor Board approving the person-to-person and location-to-location transfer of a Series 9 liquor license from Lester R. Tissum at 126 South Montezuma, located on historic "Whiskey Row", to Safeway Stores at 402 West Goodwin, within the city of Prescott.

The reversal resulted from an appeal by the appellees...

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