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HORAN v. COM. OF PA. ET AL.

No. 2798 C.D. 1986.

106 Pa.Commw. 321 (1987)

526 A.2d 458

Michael J. Horan, an individual, Petitioner v. Commonwealth of Pennsylvania, and Pennsylvania Liquor Control Board, Respondents.

Commonwealth Court of Pennsylvania.

May 26, 1987.

Attorney(s) appearing for the Case

Joseph DiPaolo, with him, Michael C. George, Ferris, DiPaolo & Russo, for petitioner.

Thomas B. York, Deputy Attorney General, with him, Andrew S. Gordon, Chief Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, Office of Attorney General.

Argued March 24, 1987, before President Judge CRUMLISH, JR., Judge PALLADINO, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., May 26, 1987:

Michael J. Horan has filed an action for declaratory judgment1 in this Court's original jurisdiction2 challenging the constitutionality of the Act of February 28, 1985, P.L. 1 (Act 1985), which prohibited tournaments within premises licensed by the Pennsylvania Liquor Control Board (PLCB). The...

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