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DOWN UNDER v. ALCOHOLIC BEVERAGE CONTROL

576 A.2d 675 (1989)

The DOWN UNDER, LTD., t/a The Down Under Restaurant, Appellant, v. DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSION, Appellee.

Superior Court of Delaware, New Castle County.

Decided: October 31, 1989.

Attorney(s) appearing for the Case

Robert Jacobs, of Jacobs & Crumplar, P.A., for appellant.

John K. Welch, Deputy Atty. Gen., Dept. of Justice, for appellee.

HERLIHY, Judge.

This is an appeal by The Down Under, Ltd., t/a The Down Under Restaurant [Down Under] from a decision of the Delaware Alcoholic Beverage Control Commission [Commission].

After a hearing on October 20, 1988, the Commission determined that Down Under had sold an alcoholic beverage to a person who was or who appeared to be intoxicated (4 Del.C. § 711) and had sold an alcoholic beverage to...

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