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ROSS ET VIR v. PA. LIQUOR CONTROL BOARD

No. 1939 C.D. 1976.

35 Pa.Commw. 384 (1978)

Pauline Ross and H. Justin Ross, her husband, Plaintiffs v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Defendant.

Commonwealth Court of Pennsylvania.

May 22, 1978.

Attorney(s) appearing for the Case

Thomas B. Rutter, with him Lawrence M. Silverman, for plaintiffs.

J. Leonard Langan, Assistant Attorney General, with him Guy J. DePasquale, Chief Counsel, and Robert P. Kane, Attorney General, for defendants.

Argued December 8, 1977, before Judges CRUMLISH, JR., MENCER and BLATT, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., May 22, 1978:

Pauline Ross and H. Justin Ross (Plaintiffs) have filed a complaint in this Court's original jurisdiction against the Pennsylvania Liquor Control Board (Board) resulting from an injury which is alleged to have occurred in a state liquor store operated and managed by the Board. The Board responded by way of preliminary objections asserting that it is immune from suit due to the doctrine of sovereign immunity. Plaintiffs...

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