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CDS, INC. v. CAMPER

No. 21228.

428 S.E.2d 44 (1993)

189 W.Va. 63

CDS, INC., d/b/a Power Dome, Petitioner Below, Appellee, v. Harry G. CAMPER, Jr., Administrator, Alcohol Beverage Control Administration, Department of Taxation and Revenue, State of West Virginia, Respondents Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided February 11, 1993.

Attorney(s) appearing for the Case

Richard G. Gay, Berkeley Springs, for appellee.

Mario J. Palumbo, Atty. Gen., Andrew F. Tarr, Asst. Atty. Gen., Charleston, for appellants.

PER CURIAM:

Harry G. Camper, Jr., the Commissioner of the West Virginia Alcohol Beverage Control Commission (ABC), appeals an order of the Circuit Court of Kanawha County denying his motion for reconsideration and reaffirming an order directing him to issue CDS, Inc., d/b/a Power Dome, the appropriate licenses to operate a private club and to sell non-intoxicating beer. On appeal, the Commissioner argues that the circuit court should have remanded the case to him...

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