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P.L.C.B. v. McKEESPORT B. DIST., INC.

No. 95 C.D. 1988.

120 Pa.Commw. 554 (1988)

549 A.2d 256

Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. McKeesport Beer Distributor, Inc., Appellee.

Commonwealth Court of Pennsylvania.

October 24, 1988.

Attorney(s) appearing for the Case

Eileen S. Maunus, Assistant Counsel, with her, Kenneth B. Skelly, Chief Counsel, for appellant.

No appearance for appellee.

Submitted on briefs August 30, 1988, to Judges DOYLE and McGINLEY, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE McGINLEY, October 24, 1988:

The Pennsylvania Liquor Control Board (Board) appeals an order of the Court of Common Pleas of Allegheny County (trial court) reversing the order of the Board which imposed a $250 fine on McKeesport Beer Distributor, Inc. (McKeesport) for its alleged violation of Section 431(b) of the Liquor Code (Code), 47 Pa. C. S. §4-431(b).1

Louis Acito, a Board Enforcement Officer, testified...

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