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BARMAT v. ROBERTSON

No. 2 CA-CIV 3299.

125 Ariz. 514 (1980)

611 P.2d 101

Charles BARMAT, Plaintiff/Appellee, v. Lloyd ROBERTSON, Superintendent, Department of Liquor Licenses and Control; Arizona Department of Liquor Licenses and Control, an Arizona administrative agency, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 9, 1980.

Review Denied May 6, 1980.

Attorney(s) appearing for the Case

Hirsh & Bayles by Donald H. Bayles, Jr., Tucson, for plaintiff/appellee.

Robert K. Corbin, Atty. Gen. by Michael W. Sillyman, Asst. Atty. Gen., Phoenix, for defendants/appellants.

OPINION

HATHAWAY, Chief Judge.

This is an appeal from a superior court order reversing a decision of the Arizona Department of Liquor Licenses and Control to suspend appellee's liquor license. The basis for the decision was that the state had not met its burden of proving that a dance performance on appellee's premises partook more of gross sexuality than of communication. The issue presented on appeal is:

"Does a finding by the Arizona State Liquor...

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