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TID BIT ALLEY, INC. v. ERIE CO. DEPT. OF H.

No. 1058 C.D. 1986.

103 Pa.Commw. 46 (1987)

520 A.2d 70

Tid Bit Alley, Inc., Appellant v. Erie County, Erie County Department of Health, Appellee.

Commonwealth Court of Pennsylvania.

January 8, 1987.

Attorney(s) appearing for the Case

John W. Beatty, Knox, Graham, McLaughlin, Gornall and Sennett, Inc., for appellant.

Patricia A. Whitmire, for appellee.

Argued October 10, 1986, before Judges CRAIG and BARRY (P), and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE CRAIG, January 8, 1987:

Tid Bit Alley, Inc. here appeals an order of the Court of Common Pleas of Erie County which (1) upheld the validity of the procedure by which the Erie County Department of Health (ECDH) had allegedly adopted a state regulation of the Pennsylvania Department of Environmental Resources (DER), controlling the retail sale of bulk food, as its own local regulation, and (2...

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