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BIANCHI S., INC. v. PA. ST. BD. OF V. MFG., D.&S.

No. 1782 C.D. 1987.

120 Pa.Commw. 474 (1988)

548 A.2d 708

Bianchi Subaru, Inc., Petitioners v. Commonwealth of Pennsylvania, State Board of Vehicle Manufacturers, Dealers and Salespersons, Respondent.

Commonwealth Court of Pennsylvania.

October 18, 1988.

Attorney(s) appearing for the Case

Thomas J. Minarcik, with him, Joseph T. Messina, Elderkin, Martin, Kelly, Messina & Zamboldi, for petitioner.

April L. McClaine, Counsel for State Board of Vehicle Manufacturers, Dealers and Salespersons, with her, Joyce McKeever, Chief Counsel, for Bureau of Professional and Occupational Affairs, and Velma A. Boozer, Chief Counsel, for Department of State, respondents.

Dennis A. Holtz, for intervenor, Penn Jersey Subaru, Inc.

Argued May 24, 1988, before President Judge CRUMLISH, JR., Judge SMITH, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, October 18, 1988:

Bianchi Subaru, Inc. (Bianchi) appeals an order of the State Board of Vehicle Manufacturers, Dealers and Salespersons (Board) dismissing its petition protesting the locating of a new dealership in its market area.

Penn Jersey Subaru, Inc. (Penn Jersey) is the authorized distributor of Subaru parts and vehicles for the Commonwealth of Pennsylvania. Pursuant to a dealership agreement with Penn Jersey dated...

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