SHOVEL T. & STG., INC. v. SIMPSON ET AL.

No. 1222 C.D. 1987.

112 Pa.Commw. 129 (1987)

535 A.2d 251

Shovel Transfer and Storage, Inc., Petitioner v. Hubert Simpson, Comptroller, Pennsylvania Liquor Control Board and Michael H. Hershock, Secretary of the Office of Budget and Administration, Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

December 22, 1987.


Attorney(s) appearing for the Case

William G. Merchant, with him, James P. Sommers, Papernick & Gefsky, P.C., for petitioner.

Timothy D. Searchinger, Deputy General Counsel, with him, Andrew H. Cline, Deputy General Counsel, for respondent.

Kenneth B. Skelly, for intervenor, Pennsylvania Liquor Control Board.

Argued October 5, 1987, before Judges MacPHAIL and COLINS, and Senior Judge KALISH, sitting as a panel of three.


OPINION BY JUDGE MacPHAIL, December 22, 1987:

Shovel Transfer and Storage, Inc. (Shovel) has filed a petition for review1 in the nature of mandamus and seeking declaratory and injunctive relief. The Respondents2 have filed preliminary objections which are now before us for disposition.

Shovel's petition for review sets forth that on or about...

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