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Gaine v. Burnett

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.

PER CURIAM.

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

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 -- ...


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