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FRASCELI, INC. v. DEPT. OF REVENUE

No. 88-370.

766 P.2d 850 (1988)

FRASCELI, INC., d/b/a Mama Cassie's Pasta Shop & Deli, a Montana corporation, Petitioner and Respondent, v. STATE of Montana, DEPARTMENT OF REVENUE, LIQUOR DIVISION, and Debra S. Battleson, d/b/a Chi Chi's Mexican American Restaurant, Respondents and Appellants.

Supreme Court of Montana.

Decided December 13, 1988.

Attorney(s) appearing for the Case

West Law Firm, Candace F. West, Helena, for petitioner and appellant.

Leaphart Law Firm, W. William Leaphart, Helena, Alexander & Baucus, Gary Deschenes, Great Falls, Eric J. Fehlig, Dept. of Revenue, Helena, for respondents and appellants.

TURNAGE, Chief Justice.

Debra Battleson, d/b/a Chi Chi's Mexican American Restaurant (Chi Chi's), appeals an order entered by the Eighth Judicial District Court regarding the final ownership of one beer and wine license for the Great Falls area. The order, which overruled the agency decision made by the Director of the Department of Revenue (DOR), instructed the Department to reinstate the proposed order of the hearing examiner.

The issues on appeal are:<...

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