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AIRPORT INN et al. v. PA. LIQUOR CONTROL BD.

Appeal, No. 237 C.D. 1973.

10 Pa.Commw. 362 (1973)

Airport Inn, et al., Appellants, v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellee.

Commonwealth Court of Pennsylvania.

October 30, 1973.

Attorney(s) appearing for the Case

Edward L. Edelstein, with him Donald F. Sileo, Jeffrey B. Albert and Goodis, Greenfield, Henry, Shaiman & Levin, for appellants.

J. Leonard Langan, Assistant Attorney General, with him Israel Packel, Attorney General, for appellee.

Argued September 7, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, MENCER, ROGERS and BLATT. Judge WILKINSON, JR. did not participate.

OPINION BY JUDGE ROGERS, October 30, 1973:

Thirty-two hotels and restaurants and one natural person, individually and in behalf of all purchasers of wine from Pennsylvania Liquor Stores, similarly situated, made written claim for money upon the Pennsylvania Liquor Control Board. They contended that the Board's imposition from 1955 until 1972 of a markup of fifty-eight per cent on the prices of wines sold in state stores, while imposing a markup of only forty-eight...

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