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72ND ST. PIZZA v. NEBRASKA LIQUOR CONTROL COM'N

No. 41220.

261 N.W.2d 614 (1978)

199 Neb. 729

72ND STREET PIZZA, INC., a Nebraska Corporation, d/b/a "El Fredo Pizza", Appellees, v. The NEBRASKA LIQUOR CONTROL COMMISSION, Appellee Impleaded with The City of Omaha, Appellant impleaded with Stillman Hazeltine, William Rissi, and Dorothy A. Schwid, Appellants.

Supreme Court of Nebraska.

January 11, 1978.

Attorney(s) appearing for the Case

Herbert M. Fitle, City Atty. and Allen L. Morrow, Asst. City Atty., Omaha, for City of Omaha.

D. M. Murphy, Jr., Omaha, for appellant.

James F. Kasher of Brady, Kasher & Pavel, P.C., Omaha, for appellees.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY, and WHITE, JJ.

CLINTON, Justice.

This action originated in an appeal to the District Court for Douglas County, Nebraska, from an order of the Nebraska Liquor Control Commission denying the application of the applicant, 72nd Street Pizza, Inc., for an "on-sale" beer license. The city council of the City of Omaha had recommended to the commission that the application for the license be denied. Upon review in the District Court the denial was found to be arbitrary and unreasonable...

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