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DiMANNA v. KALBIN

No. 81CA0449.

646 P.2d 403 (1982)

Gloria DiMANNA, d/b/a Geno's Liquors, Plaintiff-Appellee, v. John B. KALBIN, Director of Excise and License, City and County of Denver, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied February 11, 1982.

Certiorari Denied May 24, 1982.

Attorney(s) appearing for the Case

Theodore A. Borrillo, Denver, for plaintiff-appellee.

Max P. Zall, City Atty., Lee G. Rallis, John R. Palermo, Asst. City Attys., Denver, for defendant-appellant.

TURSI, Judge.

Defendant, John B. Kalbin, appeals the trial court's reversal of his decision to suspend the liquor store license of plaintiff, Gloria DiManna, for the sale of an intoxicating liquor to a minor. We reverse.

At the hearing in July 1980, a minor testified that she had bought a bottle of T.J. Swan Wine in DiManna's liquor store. After paying for the wine she saw police officers approaching, placed the bottle back on the counter, and asked the clerk...

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