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  5. 17 Pa.Commw. 627 (1975)
 

PA. L. C. B., PTF., v. CITY OF PHILA., DFT.

No. 403 C.D. 1973.

17 Pa.Commw. 627 (1975)

Pennsylvania Liquor Control Board, Plaintiff, v. City of Philadelphia, Defendant.

Commonwealth Court of Pennsylvania.

March 12, 1975.

Attorney(s) appearing for the Case

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

James M. Penny, Jr., Assistant City Solicitor, with him Claudia Kapustin, Assistant City Solicitor, Augustus L. Pasquarella, Assistant City Solicitor, Raymond Kitty, Deputy City Solicitor, and Sheldon L. Albert, City Solicitor, for defendant.

Argued December 2, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., ROGERS and BLATT. Judge MENCER did not participate.

OPINION BY JUDGE BLATT, March 12, 1975:

On June 13, 1967, the basement of Pennsylvania Liquor Store No. 5126 located at 1801 West Girard Avenue in Philadelphia was flooded as the result of a water main break. A large quantity of liquor was destroyed along with paper bags and fuel which were stored on the premises, resulting in a loss estimated at $24,813.37.

On March 26, 1973 the Pennsylvania Liquor Control Board (LCB) filed a complaint in trespass in this...

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