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KOEHN v. STATE BOARD OF EQUALIZATION

Docket No. S.F. 19780.

50 Cal.2d 432 (1958)

326 P.2d 502

M.M. KOEHN, Petitioner and Respondent, v. STATE BOARD OF EQUALIZATION et al., Defendants and Respondents; THE ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD, Appellant; E.L. LEDGER, Real Party in Interest.

Supreme Court of California. In Bank.

June 4, 1958.

Attorney(s) appearing for the Case

Edsel W. Haws, Senior Counsel, for Appellant.

Willard S. Johnston, George H. Johnston, Benjamin H. Parkinson, Jr., Johnston & Johnston, Dodge & Evans and Robert P. Brorby as Amici Curiae on behalf of Appellant.

Edmund G. Brown, Attorney General, E.G. Funke, Assistant Attorney General, Charles A. Barrett and Wiley W. Manuel, Deputy Attorneys General, and Albert G. Evans for Respondents.

Dodge & Evans and Robert P. Brorby for Real Party in Interest.

SHENK, J.

The respondents have moved to dismiss the appeal taken by the Alcoholic Beverage Control Appeals Board on the ground that the appeals board is not an aggrieved party within the meaning of section 938 of the Code of Civil Procedure and is not entitled to appeal.1

On August 20, 1953, the State Board of Equalization dismissed an accusation filed by M.M. Koehn against E.L. Ledger, the holder of certain liquor licenses, and...

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