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STATE v. LAMBERT

No. 79-183.

119 N.H. 881 (1979)

THE STATE OF NEW HAMPSHIRE v. GILBERT A. LAMBERT

Supreme Court of New Hampshire.

December 12, 1979

Attorney(s) appearing for the Case

Thomas D. Rath, attorney general (James E. Townsend, assistant attorney general, orally), for the State.

John P. Shyavitz, of Haverhill, Massachusetts, and James Flemming, of Plaistow (Mr. Shyavitz orally), for the defendant.

BOIS, J.

This interlocutory appeal, transferred by the Plaistow District Court (Andernacht, J.), requires us to determine whether N.H. Laws 1979, ch. 413, a newly enacted statute regulating the hours of operation of bottle clubs, is constitutional. We find the statute valid and remand for trial.

Defendant is the owner of a bottle club established in 1976 which operated from midnight to five a.m. on Fridays, Saturdays and "special occasions." Although...

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