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BEACON M., INC. v. S.B. OF M.V.M., D. & S.

No. 1888 C.D. 1979.

53 Pa.Commw. 347 (1980)

Beacon Motors, Inc. and Sable Motors Company, Petitioners v. Commonwealth of Pennsylvania, State Board of Motor Vehicle Manufacturers, Dealers and Salesmen and Auto Plaza, Inc., Respondents.

Commonwealth Court of Pennsylvania.

August 1, 1980.

Attorney(s) appearing for the Case

John R. Luke, Luke & Anthony, for petitioners.

Joseph S. Rengert, Assistant Attorney General, with him Charles L. Ford, Chief Counsel and Edward G. Beister, Jr., Attorney General, for respondent, Commonwealth of Pennsylvania.

D. Michael Fisher, for respondent Auto Plaza, Inc.

Argued May 9, 1980, before Judges MENCER, BLATT and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE BLATT, August 1, 1980:

The petitioners, Beacon Motors, Inc. and Sable Motors Company, are licensed new car dealers in Allegheny County. They appeal here from the State Board of Motor Vehicle Manufacturers, Dealers and Salesmen (Board) which granted a license to Auto Plaza, Inc. (respondent), to sell used cars at a location near the petitioners' dealerships.

In March of 1979, the petitioners filed a complaint with the Board alleging that the...

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