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NATIONAL CONVEN. STORES v. CITY OF ENGLEWOOD

No. C-806.

556 P.2d 476 (1976)

NATIONAL CONVENIENCE STORES, INC., a Texas Corporation d/b/a Shop N Go Market, Petitioner, v. The CITY OF ENGLEWOOD et al., Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 6, 1976.

Attorney(s) appearing for the Case

Edward B. Towey and James J. Zak, Denver, for petitioner.

Bernard V. Berardini, City Atty., Rick DeWitt, Asst. City Atty., Denver, for respondents.

KELLEY, Justice.

We granted certiorari to review the decision of the court of appeals in National Convenience Stores, Inc. v. The City of Englewood, No. 75-025 (August 19, 1975)(mem). The court of appeals affirmed the judgment of the trial court which had upheld the denial by the Englewood City Council (hereinafter Englewood) of National's application for a fermented malt beverage license to sell 3.2% beer for consumption off the premises. We reverse.

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