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ROGERS v. PENNICK

Civ. A. No. 86-0562.

675 F.Supp. 982 (1987)

Wayne ROGERS and John B. Simmons individually, on behalf of themselves and all others similarly situated, Plaintiffs, v. Daniel W. PENNICK, Ralph O. Barnett, and Mario Mele, in their individual capacities as members of the Pennsylvania Liquor Control Board, and Governor Richard L. Thornburgh, in his individual capacity as Governor of the Commonwealth of Pennsylvania, Defendants.

United States District Court, M.D. Pennsylvania.

As Amended December 31, 1987.

Attorney(s) appearing for the Case

Richard D. Greenfield, Nicholas E. Chimicles, C. Oliver Burt, III, Kenneth A. Jacobsen, R. Bruce McNew, Haverford, Pa., for plaintiffs.

John G. Knorr, III, Sr. Deputy Atty. Gen., Harrisburg, Pa., Andrew H. Cline, Eric B. Schnurer, Harrisburg, Pa., for defendants.

MEMORANDUM

CALDWELL, District Judge.

I. Introduction.

The parties have each moved for summary judgment. We will examine the motions under the well established standard. See Peters Township School District v. Hartford Accident and Indemnity Co., 833 F.2d 32 (3d Cir.1987). Plaintiffs, Wayne Rogers and John B. Simmons, have challenged the constitutionality of certain provisions of the Pennsylvania Liquor...

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