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LEICHLITER v. LIQUOR LICENSING AUTH.

No. 99CA0119.

9 P.3d 1153 (2000)

Robert LEICHLITER, d/b/a Top Hat Lounge, Plaintiff-Appellee, v. STATE LIQUOR LICENSING AUTHORITY, DEPARTMENT OF REVENUE, STATE OF COLORADO, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied April 6, 2000.

Certiorari Denied October 10, 2000.

Attorney(s) appearing for the Case

Patrick H. Renworth, Fort Collins, Colorado, for Plaintiff-Appellee.

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, Robert H. Dodd, Jr., Assistant Attorney General, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge DAVIDSON.

This is an appeal from the judgment entered in a C.R.C.P. 106(a)(4) proceeding reversing the action of the Colorado Department of Revenue Liquor Licensing Authority (Liquor Authority) in suspending the liquor license of plaintiff, Robert Leichliter, d/b/a Top Hat Lounge, for permitting gambling on its premises. The primary issue is whether the National Collegiate Athletic Association (NCAA) basketball pool held on the premises was incidental...

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