TRONE v. PREATE

Civ. A. No. 1:CV-91-0429.

770 F.Supp. 994 (1991)

John E. TRONE, an individual, and Case Beer and Soda Outlet, Inc. d/b/a Beer World, 520 South 29th Street, Harrisburg, Pennsylvania, a Pennsylvania Corporation, Plaintiffs, v. Ernest PREATE, Jr., Attorney General of the Commonwealth of Pennsylvania, in his official capacity, Lawrence N. Claus, Deputy Attorney General, in his official capacity, Glenn Walp, Acting State Police Commissioner, in his official capacity, Major William A. Mericle, Director of the Pennsylvania Bureau of Liquor Control Enforcement, in his official capacity, and Major George P. March, Director of the Pennsylvania Bureau of Criminal Investigation, in his official capacity, Defendants.

United States District Court, M.D. Pennsylvania.

April 12, 1991.


Attorney(s) appearing for the Case

Robert B. Hoffman, Reed, Smith, Shaw & McClay, Harrisburg, Pa., Walter T. McGough, Jr., Jane F. Clokey, Reed, Smith, Shaw & McClay, Roslyn M. Litman, Litman, Litman, Harris, Brown & Watzman, P.C., Martha S. Helmreich, Pittsburgh, Pa., for plaintiffs.

Gwendolyn T. Mosley, John G. Knorr, III, Robert A. Graci, Office of Atty. Gen., Harrisburg, Pa., for defendants.


MEMORANDUM

RAMBO, District Judge.

PROCEDURAL BACKGROUND

Plaintiffs, John E. Trone and Case Beer And Soda Outlet, Inc. d/b/a/ Beer World, (plaintiffs) filed a complaint with this court on March 28, 1991, requesting a declaratory judgment that a provision of the Pennsylvania Liquor Code, 47 P.S. § 4-436(f), is unconstitutional as applied to plaintiffs, and a preliminary and permanent injunction prohibiting the defendants from prosecuting them...

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