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PA. L. C. B. v. STRUDER

No. 1038 C.D. 1974.

20 Pa.Commw. 494 (1975)

Pennsylvania Liquor Control Board v. Joseph A. Struder and Virginia M. Struder, t/a Neon Lion, Appellants.

Commonwealth Court of Pennsylvania.

July 28, 1975.

Attorney(s) appearing for the Case

Richard W. Mutzabaugh, with him Mutzabaugh & Mutzabaugh, for appellants.

J. Leonard Langan, Assistant Attorney General, with him Harry Bowytz, Chief Counsel, and Israel Packel, Attorney General, for appellee.

Argued May 8, 1975, before Judges CRUMLISH, JR., WILKINSON, JR., and BLATT, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., July 28, 1975:

The sole issue before us in the present appeal is whether the lower court erred in finding lack of necessity in the issue of a restaurant liquor license and amusement permit pursuant to The Liquor Code, Act of April 12, 1951, P.L. 90, as amended, 47 P.S. § 1-101 et seq.

This case is controlled by the standards relating to necessity enunciated in Springdale District Sportsmen's

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