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FARGO BEVERAGE CO. v. CITY OF FARGO

Civ. No. 890340.

459 N.W.2d 770 (1990)

FARGO BEVERAGE COMPANY, a North Dakota Corporation, Plaintiff and Appellant, v. CITY OF FARGO, a North Dakota Municipal Corporation, Defendant and Appellee, and Dacotah Liquors, Inc., a North Dakota Business Corporation and David A. Lundeen, Defendants.

Supreme Court of North Dakota.

July 31, 1990.

Attorney(s) appearing for the Case

Vinje Law Office, Fargo, for plaintiff and appellant; argued by Edmund G. Vinje II, Fargo.

Solberg, Stewart, Boulger & Miller, Fargo, for defendant and appellee; argued by Wayne O. Solberg, City Atty., Fargo.

VANDE WALLE, Justice.

Fargo Beverage Company (FBC) has appealed from a district court judgment denying its application for a writ of mandamus and dismissing its complaint in a proceeding arising out of the denial by the City of Fargo (the City) of FBC's application for the transfer to it of a Class B alcoholic beverage license held by Dacotah Liquors, Inc. (Dacotah). We affirm.

FBC entered into an agreement for the purchase of Dacotah. The purchase agreement...

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