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IN RE: COM. v. ONE 1976 CHEV. SEDAN

No. 895 C.D. 1982.

75 Pa.Commw. 231 (1983)

In Re: Commonwealth of Pennsylvania v. One 1976 Chevrolet Sedan (Wilbur Sample). Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant.

Commonwealth Court of Pennsylvania.

June 27, 1983.

Attorney(s) appearing for the Case

Felix Thau, with him Gary F. DiVito, Assistant Counsel, and J. Leonard Langan, Chief Counsel, for appellant.

Bryan Campbell, for appellee.

Argued March 2, 1983, before Judges BLATT, CRAIG and DOYLE, sitting as a panel of three.

OPINION BY JUDGE DOYLE, June 27, 1983:

This is an appeal by the Pennsylvania Liquor Control Board (Board) from an order of the Court of Common Pleas of Allegheny County which dismissed the Board's petition for forfeiture of a 1976 Chevrolet Caprice Classic Sedan and directed the return of the vehicle to the registered owner, Wilbur Sample.

On Sunday, March 22, 1981, a Board enforcement officer observed Wilbur Sample drive the automobile in question into the...

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