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DAVIS v. LIQUOR CONTROL BD.

130 Pa.Commw. 287 (1989)

568 A.2d 270

Allen R. DAVIS and Brenda Davis, Appellants, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA LIQUOR CONTROL BOARD, Appellee.

Commonwealth Court of Pennsylvania.

Reconsideration Ordered November 15, 1989.

Decided December 21, 1989.

Attorney(s) appearing for the Case

David F. Binder, Rayne, McCarty, Binder, Ross & Mundy, Philadelphia, for appellants.

Celeste Y. Lamb and Allan Ells, Deputy Atty. Gen., Philadelphia, for appellee.

Before CRUMLISH, Jr., President Judge, and CRAIG, BARRY, COLINS, PALLADINO, McGINLEY and SMITH, JJ.

Reconsideration by Court En Banc Ordered November 15, 1989.

CRAIG, Judge.

Mr. and Mrs. Allen R. Davis appeal from orders of the Court of Common Pleas of Philadelphia County, denying their motion to strike the Pennsylvania Liquor Control Board's (LCB) answer and new matter as untimely under Pa.R.C.P. No. 1026(a), and granting the LCB's motion to dismiss the suit because of the Davises' failure to comply with the six-month notice requirement under subsection...

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