Boggess v. Berry Corporation

233 F.2d 389 16 Alaska 256 William V. BOGGESS, as Protestant on behalf of the City of Fairbanks, Alaska, and The City of Fairbanks, Alaska, Appellants, v. BERRY CORPORATION, Steve Boinich and United States of America, Appellees. No. 14853. United States Court of Appeals Ninth Circuit. May 2, 1956. 1 William V. Boggess, Fairbanks, Alaska, for appellants. 2 Theodore F. Stevens, U.S. Atty., Fairbanks, Alaska, for appellee. 3 Before POPE and LEMMON, Circuit Judges, and MATHES, District Judge. 4 MATHES, District Judge. 5 This appeal is prosecuted on behalf of the City of Fairbanks, Alaska, from an order of the District Court transferring a Territorial liquor license for the year 1955 from appellee Berry Corporation to appellee Boinich over the protest of appellant. 6 The effect of the order was to 'transfer a liquor license from one location to another within the City of Fairbanks'; and the single ground of challenge presented by appellant here rests upon the contention that the District Court had no authority to transfer the location. 7 Before reaching the merits, however, we must turn to the suggestions of the Government as appellee that this Court lacks jurisdiction to review the…