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U-TOTE-M OF COLO v. CITY OF GREENWOOD VILLAGE

No. 76-263.

563 P.2d 373 (1977)

U-TOTE-M OF COLORADO, INC., a Colorado Corporation, Plaintiff-Appellee and Cross-Appellant, v. The CITY OF GREENWOOD VILLAGE, A Municipal Corporation, et al., Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Division I.

Rehearing Denied March 3, 1977.

Certiorari Denied May 9, 1977.

Attorney(s) appearing for the Case

Simon, Eason, Hoyt & Malone, P.C., R. Val Hoyt, James H. Unterspan, Englewood, for defendants-appellants and cross-appellees.

Grossman, Galchinsky, Silverstein & Grossman, Herbert H. Galchinsky, Denver, for plaintiff-appellee and cross-appellant.

COYTE, Judge.

Defendants, City of Greenwood Village and its City Council, appeal the judgment of the district court, directing the city to hold further proceedings in connection with plaintiff's application for a 3.2% fermented malt beverage license. Plaintiff cross-appeals urging that the district court should have ordered the license granted. We reverse the judgment and remand the cause.

Plaintiff presented to the city council a beverage license application...

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