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MALT BEVERAGES DISTRIBUTORS ASS'N v. PA. LIQUOR CONTROL BD.

No. 513 C.D. 2008.

965 A.2d 1269 (2009)

MALT BEVERAGES DISTRIBUTORS ASSOCIATION, Petitioner v. PENNSYLVANIA LIQUOR CONTROL BOARD, Respondent.

Commonwealth Court of Pennsylvania.

Decided February 23, 2009.

Attorney(s) appearing for the Case

Robert B. Hoffman, Harrisburg, for petitioner.

Rodrigo J. Diaz, Executive Deputy Chief Counsel, Harrisburg, for respondent.

Robert J. O'Hara, III and Stanley Wolowski, Pittsburgh, for intervenor, Wegman's Food Markets, Inc.

BEFORE: LEADBETTER, President Judge, and SMITH-RIBNER, Judge, and PELLEGRINI, Judge, and FRIEDMAN, Judge, and COHN JUBELIRER, Judge, and SIMPSON, Judge, and LEAVITT, Judge.

OPINION BY Judge SIMPSON.

In this appeal from an order of the Pennsylvania Liquor Control Board (PLCB), Malt Beverage Distributors Association (MBDA) asks whether the PLCB erred in granting Wegmans Food Markets, Inc.'s (Wegmans) application for a restaurant liquor license at its store in Williamsport, Pennsylvania. Essentially, MBDA argues the real seller of beer here is Wegman' supermarket, and the notion that Wegmans...

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