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PA. LIQ. CONT. BD. v. SPA ATHLETIC CLUB

506 Pa. 364 (1984)

485 A.2d 732

PENNSYLVANIA LIQUOR CONTROL BOARD, Appellant, v. The SPA ATHLETIC CLUB, Appellee.

Supreme Court of Pennsylvania.

Decided December 18, 1984.

Attorney(s) appearing for the Case

Gary F. DiVito, Harrisburg, Eileen S. Maunus, Philadelphia, for appellant.

Richard F. Brabender, Erie, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

ZAPPALA, Justice.

This is an appeal by the Pennsylvania Liquor Control Board (hereafter "Board") of a decision of the Court of Common Pleas of Erie County holding unconstitutional a section of the Liquor Code, Act of April 12, 1951, P.L. 90, Art. I, § 102, 47 P.S. § 1-102, as amended.1

Appellee, The Spa Athletic Club, a private club, was awarded...

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