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ALLEG. BEV. CO., INC. v. PA. LIQUOR CON. BD.

Nos. 615 C.D. 1981, 706 C.D. 1981 and 715 C.D. 1981.

67 Pa.Commw. 487 (1982)

Allegheny Beverage Company, Inc., Appellant v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellee. In Re: Allegheny Beverage Company. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant. In Re: Allegheny Beverage Company, Inc. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant.

Commonwealth Court of Pennsylvania.

July 19, 1982.

Attorney(s) appearing for the Case

Michael A. Della Vecchia, Evashavik, Capone, Evans & Della Vecchia, for appellant, Allegheny Beverage Company, Inc.

Gary F. DiVito, Counsel, with him J. Leonard Langan, Chief Counsel, for appellant, Pennsylvania Liquor Control Board.

Argued May 6, 1982, before Judges BLATT, WILLIAMS, JR. and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE BLATT, July 19, 1982:

Involved here is the interpretation and application of Section 431 (b) of the Liquor Code (Code),1 which provides, inter alia, as follows:

Each out of State manufacturer of malt or brewed beverages whose products are sold and delivered in this Commonwealth shall give distributing rights for such products in designated geographical...

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