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PA. LIQUOR CONTROL BOARD v. KUTNER

No. 2197 C.D. 1977.

44 Pa.Commw. 620 (1979)

Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. Sidney Kutner, Appellee.

Commonwealth Court of Pennsylvania.

August 7, 1979.

Attorney(s) appearing for the Case

Kenneth W. Makowski, Acting Chief Counsel, and J. Leonard Langan, Assistant Attorney General, for appellant.

George Gershenfeld, for appellee.

Argued April 2, 1979, before Judges CRUMLISH, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., August 7, 1979:

The Pennsylvania Liquor Control Board refused Sidney Kutner's application to transfer a retail dispenser eating place license. The Court of Common Pleas sustained Kutner's appeal and the Board here appeals that decision. We reverse.

A hearing was held by the Board which found that:

1. The premises proposed to be licensed are located within 200...

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