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COMMONWEALTH PENNSYLVANIA v. HOLT HAULING AND WAREHOUSING SYSTEMS (02/11/82)

decided: February 11, 1982.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT
v.
HOLT HAULING AND WAREHOUSING SYSTEMS, INC., APPELLEE



Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of Holt Hauling and Warehousing, Inc. v. Pennsylvania Liquor Control Board, No. 1701 December Term, 1979.

COUNSEL

Kenneth W. Makowski, Deputy Chief Counsel, with him, J. Leonard Langan, Chief Counsel, for appellant.

Gerald Gornish, with him Howard Gittis, Wolf, Block, Schorr and Solis-Cohen, for appellee.

Judges Rogers, Blatt and Williams, Jr., sitting as a panel of three. Opinion by Judge Rogers. Judge Palladino did not participate in the decision in this case.

Author: Rogers

[ 64 Pa. Commw. Page 482]

The Pennsylvania Liquor Control Board has appealed from the order of the Court of Common Pleas of Philadelphia County vacating an arbitrator's award in its favor. Holt laid claim against the Pennsylvania Liquor Control Board for monies assertedly due for services performed for the Board under a written contract. As the contract provided, the matter went to arbitration pursuant to the Act of April 25, 1927, P.L. 381, as amended, 5 P.S. ยง 161 et seq. The arbitrator, a Deputy Attorney General, denied Holt's claims and entered an award in favor of the Liquor Control Board.

We affirm the order below vacating the award on the following pertinent portions of Judge Eugene Gelfand's opinion:

In connection with the grounds for vacating an award the Arbitration Act of 1927 in Section 10(b) provides as follows:

'In either of the following cases the court shall make an order vacating the award upon the application of any party to the arbitration:

[ 64 Pa. Commw. Page 483]

(a) . . .

(b) Where there was evident partiality or corruption on the part of the ...


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