PA. LIQUOR CON. BD. v. ONE 1972 FORD TRUCK.

No. 1037 C.D. 1978.

49 Pa.Commw. 600 (1980)

Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. One 1972 Ford Pickup Truck, Mfg. Serial No. F25YCP22520 in Possession of Carl Kobza, Appellee.

Commonwealth Court of Pennsylvania.

March 5, 1980.


Attorney(s) appearing for the Case

David Shotel, Assistant Attorney General, with him Kenneth W. Makowski, Acting Chief Counsel and Edward Biester, Jr., Attorney General, for appellant.

Leonard G. Schumack, for appellee.

Submitted on briefs, February 8, 1980, to Judges WILKINSON, JR., MENCER and CRAIG, sitting as a panel of three.


OPINION BY JUDGE WILKINSON, JR., March 5, 1980:

The Pennsylvania Liquor Control Board (Board) appeals from a decision of the common pleas court denying its petition for an order to forfeit one pick-up truck belonging to Carl Kobza (owner). We affirm.

The owner was Commander of an American Legion Post which held a club license from Board. He was also the club steward. Using his own pick-up truck he took a cooler of beer to the ball park owned by the licensee...

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