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FELIX ABRAMOVICH v. PENNSYLVANIA LIQUOR CONTROL BOARD AND W. W. ANDERSON (08/04/77)

decided: August 4, 1977.

FELIX ABRAMOVICH, INDIVIDUALLY AND T/A ABRAMS STORAGE COMPANY, PETITIONER
v.
PENNSYLVANIA LIQUOR CONTROL BOARD AND W. W. ANDERSON, DEPUTY ATTORNEY GENERAL OF THE COMMONWEALTH OF PENNSYLVANIA, RESPONDENTS



Appeal from an Adjudication of the Attorney General as arbitrator in the case of In Re: Abrams Storage Company v. Pennsylvania Liquor Control Board, Service Contract No. 448817.

COUNSEL

Robert G. Sable, with him Lampl & Sable, for petitioner.

Kenneth W. Makowski, Assistant Attorney General, with him Harry Bowytz, Chief Counsel, and Robert P. Kane, Attorney General, for respondents.

Judges Crumlish, Jr., Kramer and Rogers, sitting as a panel of three. Opinion by Judge Kramer.

Author: Kramer

[ 31 Pa. Commw. Page 374]

This involves a petition for review filed by Felix Abramovich individually, and trading as Abrams Storage Company (Abramovich), in response to an adverse arbitration adjudication of a dispute under a contract formed with the Pennsylvania Liquor Control Board (P.L.C.B.). The P.L.C.B. has raised a preliminary objection based upon sovereign immunity, which challenges this Court's jurisdiction to review the adjudication at this time.*fn1

Abramovich entered into a contract with the P.L.C.B. for the storage, handling, and transportation

[ 31 Pa. Commw. Page 375]

    of liquor and supplies for the P.L.C.B.'s Northwestern Pennsylvania Distribution Center. Shortly after the contract was formed, a dispute arose over a request by Abramovich that adjustments be made to the contract to reflect increased labor costs.

Provision 41 of the contract provides the following arbitration provision for the settlement of disputes:

41. Disputes -- Any dispute or controversy arising under this contract that is not disposed of by the parties within fifteen (15) days shall be referred to the Commonwealth Attorney General who shall, after hearing, make an adjudication within fifteen (15) days. Any court review of such adjudication shall be in appellate review, based on the record limited to pleadings, exhibits and testimony produced and considered before the Commonwealth Attorney General.

Pursuant to this provision, Deputy Attorney General, W. W. Anderson (Anderson) conducted a hearing on the dispute on April 8, 1976. An adjudication which was adverse to Abramovich was rendered on May 6, 1976, and supplemented on June 21, 1976. Abramovich subsequently filed the petition now at issue.

As is apparent from the language under provision 41 of the contract, though an arbitration procedure is provided for, ...


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