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  5. 37 Pa.Commw. 423 (1978)
 

OPEN PANTRY F. M. v. COM. EX REL. HEMPFIELD T.

Nos. 2106 and 2172 C.D. 1977.

37 Pa.Commw. 423 (1978)

Open Pantry Food Marts, Appellant v. Commonwealth of Pennsylvania ex rel. Township of Hempfield, Appellee. Martin Oil Service, Inc., Appellant v. Commonwealth of Pennsylvania ex rel. Township of Hempfield, Appellee.

Commonwealth Court of Pennsylvania.

September 5, 1978.

Attorney(s) appearing for the Case

Mark K. McNally, with him Brandt, Milnes, Rea and Malone, for appellants.

Thomas J. Godlewski, for appellee.

Argued May 1, 1978, before Judges MENCER, ROGERS and DiSALLE, sitting as a panel of three.

OPINION BY JUDGE MENCER, September 5, 1978:

Defendants Open Pantry Food Marts and Martin Oil Service, Inc., were summarily convicted of violating Township of Hempfield Ordinance 77-1, which regulates the dispensing of gasoline at service stations. The defendants appealed to the Court of Common Pleas of Westmoreland County, contending that Ordinance 77-1 was an improper exercise of the police power and in conflict with regulations adopted by the Pennsylvania State...

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