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DENNIS, INC. v. OFFICE OF DIRECTOR OF EXCISE

No. 79CA1140.

620 P.2d 53 (1980)

DENNIS, INC., a Colorado Corporation, d/b/a My Sweet Lass, Plaintiff-Appellant, v. OFFICE OF The DIRECTOR OF EXCISE AND LICENSES for The City and County of Denver, Colorado, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied October 2, 1980.

Attorney(s) appearing for the Case

Tinkler & Carwin, Stephen E. Tinkler, Denver, for plaintiff-appellant.

Max P. Zall, City Atty., Lee G. Rallis, Asst. City Atty., Denver, for defendant-appellee.

KIRSHBAUM, Judge.

Plaintiff appeals the trial court judgment in a C.R.C.P. 106 proceeding affirming a decision of the Director of Excise and Licenses of the City and County of Denver temporarily suspending plaintiff's fermented malt beverage license for serving beer to a minor in violation of § 12-46-112(1)(b), C.R.S. 1973 (1978 Repl. Vol. 5). We reverse.

The following facts pertinent to the Director's decision are established by the record. On January...

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