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AVIS RENT A CAR S., INC. v. DEPT. OF STATE

No. 3046 C.D. 1985.

96 Pa.Commw. 294 (1986)

507 A.2d 893

Avis Rent A Car System, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of State, State Board of Vehicle Manufacturers, Dealers and Salespersons, Respondent.

Commonwealth Court of Pennsylvania.

April 7, 1986.

Attorney(s) appearing for the Case

Herbert G. Keene, Jr., with him, Pamela E. Ebling, Stradley, Ronon, Stevens & Young, for petitioner.

Ellis M. Saull, Deputy Attorney General, with him, Allen C. Warshaw, Executive Deputy Attorney General, Chief, Litigation Section, Andrew S. Gordon, Chief Deputy Attorney General, Chief, Litigation Section, LeRoy S. Zimmerman, Attorney General, for Commonwealth of Pennsylvania, respondent.

John F. Alcorn, Assistant Council, for Department of State, State Board of Vehicle Manufacturers, Dealers and Salespersons, respondent.

Argued February 7, 1986, before Judges MacPHAIL, and COLINS, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, April 7, 1986;

Avis Rent A Car System, Inc. (Avis) has filed a petition for review in both our original and appellate jurisdiction seeking, inter alia, a writ of mandamus to require the State Board of Vehicle Manufacturers, Dealers and Salespersons (Board) to refrain from prohibiting current and future "off premise sales".1 The Board has filed preliminary objections to the petition filed in our original...

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