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2301 LEAVENWORTH v. LIQUOR CONTROL COM'N

No. S-91-463.

505 N.W.2d 708 (1993)

244 Neb. 247

2301 LEAVENWORTH, INC., Doing Business As J & B Bar, Appellee, v. NEBRASKA LIQUOR CONTROL COMMISSION, Appellant.

Supreme Court of Nebraska.

October 1, 1993.

Attorney(s) appearing for the Case

Don Stenberg, Atty. Gen., and Marie C. Pawol, Lincoln, for appellant.

Michael J. Lehan, of Kelley & Lehan, P.C., Omaha, for appellee.

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

WHITE, Justice.

The Nebraska Liquor Control Commission suspended the license of 2301 Leavenworth, Inc., doing business as J & B Bar, for serving alcohol to an already intoxicated person. The district court reversed the suspension, and the commission brought this appeal. We affirm the district court's judgment.

On the evening of April 11, 1990, Officer Michael Teply of the Omaha Police Division looked through the front window of the J & B Bar and saw...

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