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IN RE: APPEAL OF 'ELAN OF PHILA., LTD. ETC.

No. 1431 C.D. 1980.

64 Pa.Commw. 230 (1982)

In Re: Appeal of 'Elan of Philadelphia, Ltd. Etc. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant.

Commonwealth Court of Pennsylvania.

January 22, 1982.

Attorney(s) appearing for the Case

J. Leonard Langan, Assistant Attorney General, with him James J. Fitzgerald, III, Chief Counsel, and Harvey Bartle, II, Acting Attorney General, for appellant.

Barry Goldstein, with him G. Craig Lord and Peter J. Boyer, Blan, Rome, Comisky & McCauley, for appellee.

Argued November 18, 1981, before Judges WILLIAMS, JR., MacPHAIL and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., January 22, 1982:

This is an appeal by the Pennsylvania Liquor Control Board (Board) from an opinion and order of the Court of Common Pleas of Philadelphia County. The lower court reversed the Board's order and vacated its penalty imposed upon appellee, 'Elan of Philadelphia, Ltd.

Appellee, 'Elan of Philadelphia, Ltd. ('Elan) is a restaurant and social club owning and holding a restaurant liquor license, amusement permit and...

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