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

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 — PERSKIE, J. 1.

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GAINE v. BURNETT
(Oct 16, 1939)