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COMMONWEALTH v. DiMARCO ET AL.

Nos. 903 and 935 C.D. 1975.

26 Pa.Commw. 504 (1976)

Commonwealth v. Mariano J. DiMarco and Mary E. DiMarco. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant. Mariano J. DiMarco and Mary E. DiMarco, Appellants v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellee.

Commonwealth Court of Pennsylvania.

October 6, 1976.

Attorney(s) appearing for the Case

J. Leonard Langan, Assistant Attorney General, with him Harry Bowytz, Chief Counsel, and Robert P. Kane, Attorney General, for Commonwealth.

John P. Campana, with him Campana & Campana, for DiMarco.

Argued September 10, 1976, before Judges CRUMLISH, JR., WILKINSON, JR., and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, October 6, 1976:

Both the Pennsylvania Liquor Control Board and Mariano J. DiMarco and Mary E. DiMarco, his wife, owners of Yano's White Horse Inn, Lycoming County, have appealed from an opinion and order of the Court of Common Pleas of Lycoming County modifying a Liquor Board order by reducing a fine imposed by the Board on the DiMarcos from $1000 to $500.

The Liquor Control Board argues that the court below, which conducted a hearing...

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