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CUNNINGHAM v. OKLAHOMA CITY

No. 48188.

556 P.2d 1078 (1976)

Lester L. CUNNINGHAM, Appellee, v. OKLAHOMA CITY, a Municipal Corporation, and Judy Watson, Supervisor of the License Division of the City of Oklahoma City, Appellants.

Court of Appeals of Oklahoma, Division 2.

Rehearing Denied September 16, 1976.

Certiorari Denied November 16, 1976.

Released for Publication November 18, 1976.

Attorney(s) appearing for the Case

Charles A. Shadid, and George R. Hanks, Oklahoma City, for appellee.

Walter M. Powell, Municipal Counselor by Patricia Sellers, Asst. Municipal Counselor, and John M. Williams, Asst. Municipal Counselor, Oklahoma City, for appellants.

Released for Publication by Order of Court of Appeals November 18, 1976.

BRIGHTMIRE, Judge.

Under attack, in this mandamus action, is a judgment directing the licensing officer of Oklahoma City to issue Lester Cunningham a city license to operate a beer tavern located within 600 feet of a metropolitan public elementary school.

I

On November 14, 1974, Cunningham signed a three-year lease on the taproom property. By December 11, 1974, he had...

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