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DAY v. ALCOHOLIC BEVERAGE CONTROL BD.

No. 82 CA 0575.

431 So.2d 54 (1983)

Flemon DAY, d/b/a Good Times Restaurant & Lounge v. ALCOHOLIC BEVERAGE CONTROL BOARD and the Treasurer Department for the Parish of East Baton Rouge.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 20, 1983.

Attorney(s) appearing for the Case

Walter C. Dumas, Baton Rouge, for plaintiff-appellant Flemon Day d/b/a Good Times Restaurant & Lounge.

Charles Raymond, Asst. Parish Atty., Baton Rouge, for defendant-appellee Alcoholic Beverage Control Bd. and the Treasurer Dept. for Parish of East Baton Rouge.

Before LOTTINGER, COLE and CARTER, JJ.

COLE, Judge.

This court, on its own motion, ordered the parties to show cause why the appeal should not be dismissed due to the fact the appeal had not been filed timely under La.R.S. 26:104 and La.R.S. 33:4788. After considering the briefs filed by the parties we conclude the appeal was not filed timely and therefore dismiss it.

Plaintiff, Flemon Day, is the owner of the Good Times Restaurant and Lounge. On March 30, 1982, his "Class R" liquor permit, which...

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