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RUSCH LIQUOR LICENSE CASE

Nos. 1684 and 1744 C.D. 1976.

32 Pa.Commw. 578 (1977)

In Re: Appeal of John F. Rusch, Jr., t/a Korner Lounge. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant. In Re: Application for a New Restaurant Liquor License by John F. Rusch, Jr., Korner Lounge, Four Bower Hill Road, Pittsburgh (Mt. Lebanon), Pennsylvania. Mt. Lebanon United Presbyterian Church, Appellant.

Commonwealth Court of Pennsylvania.

December 6, 1977.

Attorney(s) appearing for the Case

J. Leonard Langan, Assistant Attorney General, with him Harry Bowytz, Chief Counsel, for appellant, Commonwealth.

Frank E. Coho, for appellant, Mt. Lebanon United Presbyterian Church.

Martin E. Goldhaber, for appellee.

Argued November 4, 1977, before Judges WILKINSON, JR. and ROGERS, sitting as a panel of two.

OPINION BY JUDGE WILKINSON, JR., December 6, 1977:

These are appeals from a decision of the Court of Common Pleas of Allegheny County which set aside an order of the Pennsylvania Liquor Control Board (Board) and directed that a new restaurant liquor license be granted to the appellee. We find it necessary to reverse the lower court and reinstate the order of the Board refusing the application.

The appellee currently possesses a retail malt beverage dispenser...

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