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R.G.R. ENTERPRISES, INC. APPEAL

No. 874 C.D. 1976.

30 Pa.Commw. 607 (1977)

In Re: Appeal of R.G.R. Enterprises, Inc., t/a Graeme Park Inn From Order of Pennsylvania Liquor Control Board. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant.

Commonwealth Court of Pennsylvania.

June 21, 1977.

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 appellant.

Michael J. Sheridan, for appellee.

Argued April 7, 1977, before Judges CRUMLISH, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE MENCER, June 21, 1977:

In this appeal, we are once again faced with the question of the lower court's authority to modify a penalty imposed by the Pennsylvania Liquor Control Board (Board). After a de novo hearing, the Court of Common Pleas of Montgomery County reduced the 30-day suspension which had been imposed by the Board to 10 days. Since the lower court modified the penalty without making...

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