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EMERSON-HARRELL BAR CORP., INC. v. COMMONWEALTH, LIQUOR CONTROL BOARD

No. 1886 C.D. 1976.

33 Pa.Commw. 578 (1978)

Emerson-Harrell Bar Corp., Inc., Plaintiff v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Defendant.

Commonwealth Court of Pennsylvania.

February 10, 1978.

Attorney(s) appearing for the Case

Ralph Schwartz, for plaintiff.

David Shotel, Assistant Attorney General, with him Harry Bowytz, Chief Counsel, and Robert P. Kane, Attorney General, for defendant.

Argued December 5, 1977, before Judges WILKINSON, JR., ROGERS and DISALLE, sitting as a panel of three.

OPINION BY JUDGE DISALLE, February 10, 1978:

This proceeding, a Petition for Review, was initiated by Emerson-Harrell Bar Corp., Inc. (Petitioner) against the Pennsylvania Liquor Control Board (Board). The Board filed preliminary objections contending that the petition did not set forth a valid claim for equitable relief.

Petitioner was the owner of a restaurant-liquor license issued by the Board and, on August 22, 1973, entered into an agreement for the sale...

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