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LINDEY v. PENNSYLVANIA STATE POLICE

916 A.2d 703 (2006)

Preston LINDEY and David Lindey, d/b/a Best Processing Company, Petitioners v. PENNSYLVANIA STATE POLICE, BUREAU OF LIQUOR CONTROL ENFORCEMENT, Respondent.

Commonwealth Court of Pennsylvania.

Decided November 21, 2006.

Ordered Published February 20, 2007.

Attorney(s) appearing for the Case

Matthew J. McLaughlin, Erie, for petitioners.

Kemal Alexander Mericli, Pittsburgh, for respondent.

OPINION BY Senior Judge FEUDALE.

Petitioners in this original jurisdiction action seek to preliminarily enjoin the Pennsylvania State Police, Bureau of Liquor Control Enforcement from confiscating certain coupons and coupon-dispensing machines, referred to as "Ad-Tab" from licensed establishments in the Erie, Pennsylvania area. At issue is whether the coupons and dispensers constitute "gambling devices" pursuant to 18 Pa.C.S. § 5513. Such devices are prohibited...

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