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NILO, INC. v. PA LIQUOR CONTROL BD.

861 A.2d 248 (2004)

NILO, INC. v. PENNSYLVANIA LIQUOR CONTROL BOARD. Allegheny Steak & Pasta Grill v. Pennsylvania Liquor Control Board. Appeal of HTA, Inc. d/b/a The Pizza Factory.

Supreme Court of Pennsylvania.

Decided September 3, 2004.

Attorney(s) appearing for the Case

Michael Robert Hadley, for HTA, Inc. d/b/a The Pizza Factory, Appellant.

Faith Smith Diehl, Harrisburg, for PA Liquor Control Board, Appellee.

Bruce Tucker Rosen, Oil City, for Nilo, Inc., Appellee.

Jack W. Cline, Mercer, Joseph J. Liotta, Franklin, for Allegheny Steak & Pasta Grill, Appellee.

Keith Michael Pemrick, Franklin, for Pappan's Family Restaurant, Appellee.

Before: CAPPY, C.J., CASTILLE, NIGRO, SAYLOR, EAKIN and BAER, JJ.

ORDER

PER CURIAM.

AND NOW, this 3rd day of September, 2004, the Court being evenly divided, the order of the Commonwealth Court is affirmed.

Justice NEWMAN did not participate in the consideration or decision of this case.

Justice BAER files an opinion in support of affirmance in which Justice NIGRO and Justice SAYLOR join.

Justice EAKIN files an opinion in support of reversal in which Chief...

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