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Gaine v. Burnett

New Jersey Supreme Court


Decided: October 16, 1939.

JOHN GAINE, PROSECUTOR-APPELLANT,
v.
D. FREDERICK BURNETT, COMMISSIONER OF ALCOHOLIC BEVERAGE CONTROL OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT

On appeal from a judgment of the Supreme Court, whose opinion is reported in 122 N.J.L. 39.

For the prosecutor-appellant, Quinn & Doremus (John J. Quinn) and William F. Hanlon.

For the defendant-respondent, Nathan L. Jacobs.

[123 NJL Page 317]

PER CURIAM.

We consider that it was within the authority of the State Commissioner of Alcoholic Beverage Control to impose the

[123 NJL Page 318]

regulation under review and to suspend the license of a violating licensee. Having in mind that this is the extent of the holding we affirm for the reasons stated by Mr. Justice Bodine in the Supreme Court.

For affirmance -- THE CHANCELLOR, PARKER, CASE, DONGES, PORTER, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, HAGUE, JJ. 11.

For reversal -- PERSKIE, J. 1.

19391016


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