Tony Bordenelli and Eyvohn Bordenelli v. United States

This is an appeal from an order of a District Judge of the Territory of Alaska refusing to permit further operation of beverage dispensary or retail liquor establishment by licensees.

The history of the transaction is quite confusing.

On March 13, 1953, the Bordenellis filed an application for an “L. B. & W. license” under File No. 3750. On May 27, the Bordenellis moved to withdraw the first petition without prejudice of the right to make another application, which motion was granted June 16, 1953. On June 29, a supplemental petition was filed, upon which a judge of the Territory issued a license upon July 21. On September 5, 1953, an order to show cause why the license should not be revoked was issued to the Bordenellis by a third judge. The grounds of the revocation were:

On October 12, 1953, that judge revoked the license, and subsequently, on December 4,1953, denied a motion to reopen the matter.

The Bordenellis applied for renewal of license for 1954. Upon hearing, an order was issued on December 31, 1953, directing the clerk to issue a license. The license was issued the same day. The Bordenellis were ordered to show cause why this latter license should not be cancelled.…