LEGION HOME ASSN. OF MONESSEN APPEAL


195 Pa.Super. 643 (1961)

Legion Home Association of Monessen Appeal.

Superior Court of Pennsylvania.

June 15, 1961.


Attorney(s) appearing for the Case

John E. Caputo, Special Assistant Attorney General, with him Horace A. Segelbaum and George G. Lindsay, Assistant Attorneys General, and Anne X. Alpern, Attorney General, for Pennsylvania Liquor Control Board, appellant.

Henry A. Martin, for appellee.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).


OPINION BY FLOOD, J., June 15, 1961:

In this case the board found ten violations and revoked the appellant's license. On appeal, the court found that only five of the violations were sustained by the evidence taken before it and reduced the penalty to ninety days' suspension. This Court has held that a modification of the penalty is proper only if the court's findings are different from those of the board: Lehigh Valley Brewery Workers Liquor License Case,...

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