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BIELLO v. PA. LIQUOR CONTROL BD. et al.

1 Pa.Commw. 179 (1971)

Joseph S. Biello, Administrator of the Estate of Joseph D. Biello, deceased, v. Pennsylvania Liquor Control Board, William Z. Scott, Edwin Winner, and George R. Bortz, individually and as members of the Liquor Control Board; Frank E. Rutter, individually and as Director of State Stores.

Commonwealth Court of Pennsylvania.

January 29, 1971.

Attorney(s) appearing for the Case

William J. Brickley, with him Yale B. Bernstein, Brickley, Torpey & Bernstein, Thomas D. Nabors, Jr., and Nabors & Ressler, for plaintiff.

J. Leonard Langan, Assistant Attorney General, with him Thomas J. Shannon, Assistant Attorney General, and Fred Speaker, Attorney General, for defendants.

Argued November 16, 1970, before President Judge BOWMAN, and Judges KRAMER, WILKINSON, JR., MANDERINO, MENCER, and BARBIERI (who has since been appointed to the Supreme Court of Pennsylvania and did not participate in the decision).

OPINION BY JUDGE WILKINSON, January 29, 1971:

The complaint to which preliminary objections have been filed alleges a cause of action for wrongful death and survival. Defendants are Pennsylvania State Liquor Control Board, William Z. Scott, Edwin Winner, and George R. Bortz, individually and as members of the Pennsylvania Liquor Control Board, and Frank E. Rutter, individually and as director of state liquor stores.

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