PA. AUTO. ASS'N v. PA. ST. BD. OF V. MFG. D. & S.

No. 420 C.D. 1988.

121 Pa.Commw. 352 (1988)

550 A.2d 1041

Pennsylvania Automotive Association, Petitioner v. Commonwealth of Pennsylvania, State Board of Vehicle Manufacturers, Dealers and Salespersons, Peterson, Howell and Heather, Inc., d/b/a Pennsylvania Limited Brokers, and Pennsylvania Credit Union League, Respondents.

Commonwealth Court of Pennsylvania.

November 30, 1988.


Attorney(s) appearing for the Case

Margaret M. Stuski, with her, C. Grainger Bowman and Stephen A. Moore, McNees, Wallace and Nurick, for Petitioner.

April L. McClaine, Counsel, State Board of Vehicle Manufacturers, Dealers and Salespersons, with her, Joyce McKeever, Chief Counsel, Bureau of Professional and Occupational Affairs, and Velma A. Boozer, Chief Counsel, Department of State, for respondent, State Board of Vehicle Manufacturers, Dealers and Salespersons.

Joseph P. Green, Jr., Duffy & Green, for respondent, Peterson, Howell & Heather, Inc.

Francis J. Capaldo, for respondent, Pennsylvania Credit Union League.

Argued September 16, 1988, before Judges DOYLE and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.


OPINION BY JUDGE PALLADINO, November 30, 1988:

The Pennsylvania Automotive Association (Petitioner) appeals from an adjudication and order of the State Board of Manufacturers, Dealers and Salespersons (Board) which deemed the application for a broker's license filed by Peterson, Howell and Heather, Inc., d/b/a Pennsylvania Limited Brokers (PH&H), withdrawn because the Board lacked jurisdiction over PH&H's Fleet Power Purchasing Program.

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