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FANTASTIC PLASTIC, INC. v. CITY OF PGH. ET AL.

No. 829 C.D. 1976.

32 Pa.Commw. 41 (1977)

Fantastic Plastic, Inc., a Pennsylvania corporation v. The City of Pittsburgh, a municipal corporation; Peter F. Flaherty, Mayor and Public Safety Director of the City of Pittsburgh; and Robert Coll, Superintendent of Police of the City of Pittsburgh, Appellants.

Commonwealth Court of Pennsylvania.

September 22, 1977.

Attorney(s) appearing for the Case

Eugene B. Strassburger, III, Deputy City Solicitor, with him Mary Ann Kenny Pidgeon, Assistant City Solicitor, and Mead J. Mulvihill, Jr., City Solicitor, for appellants.

John L. Laubach, with him David A. McVey, and Stevens, Clark, Laubach & Semple, for appellee.

Argued May 3, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.

OPINION BY JUDGE MENCER, September 22, 1977:

Fantastic Plastic, Inc. (Plastic) is a discotheque in the City of Pittsburgh where patrons are permitted to bring onto the premises intoxicating beverages for their own consumption. For some time, officials of the City have been of the view that the business operation conducted by Plastic is somewhat less than fantastic, as evidenced in part by disputes over entertainment and dance-hall licenses and zoning matters.

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