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COSTIPHX ENTERPRISES v. CITY OF LAKEWOOD

No. 84CA0978.

728 P.2d 358 (1986)

COSTIPHX ENTERPRISES, INC., Plaintiff-Appellant, v. The CITY OF LAKEWOOD; the Lakewood Liquor and Fermented Malt Beverage Licensing Authority; State of Colorado, and Alan N. Charnes, Executive Director of the Department of Revenue, State of Colorado, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

July 3, 1986.

Attorney(s) appearing for the Case

Mangan & Katz, Lawrence Katz, Denver, for plaintiff-appellant.

Gorsuch, Kirgis, Campbell, Walker & Grover, Paul F. Kennebeck, Denver, for defendants-appellees City of Lakewood and The Lakewood Liquor and Fermented Malt Beverage Licensing Authority.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Robert L. Patterson, Asst. Atty. Gen., Denver, for defendants-appellees State of Colo. and Alan N. Charnes.

METZGER, Judge.

Plaintiff, Costiphx Enterprises, Inc., appeals the judgment entered in a C.R.C.P. 106(a)(4) proceeding affirming the action of the Lakewood Liquor and Fermented Malt Beverage Licensing Authority (Liquor Authority) in suspending plaintiff's liquor license for permitting gambling on its premises and for serving liquor to intoxicated persons. We affirm in part, reverse in part, and remand with directions.

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