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GAS 'N SHOP v. LIQUOR CONTROL COM'N

No. S-90-158.

492 N.W.2d 7 (1992)

241 Neb. 898

GAS 'N SHOP, INC., a Corporation, Appellee and Cross-Appellee, v. NEBRASKA LIQUOR CONTROL COMMISSION, Appellant, and City of Kearney, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

November 13, 1992.

Attorney(s) appearing for the Case

Don Stenberg, Atty. Gen., and Marie C. Pawol, Lincoln, Michael E. Kelley, Kearney City Atty., and, on brief, Edwin C. Perry and Gregory H. Perry, of Perry, Guthery, Haase & Gessford, P.C., Lincoln, for appellant and for appellee City of Kearney.

Donald L. Dunn and Carl J. Sjulin, of Rembolt Ludtke Parker & Berger, Lincoln, for appellee Gas 'N Shop.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

CAPORALE, Justice.

In accordance with the appellee-cross-appellant City of Kearney's recommendation, the appellant Nebraska Liquor Control Commission denied the appellee and cross-appellee Gas 'N Shop, Inc.'s application for a license permitting it to sell beer at retail inside the city's corporate limits for consumption away from the premises at which it currently sells other items. (We note that although the commission...

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