Action was brought challenging constitutionality of provision of state liquor code requiring applicant for distributor's license to be only person with “pecuniary interest” in licensed business for term of license. On motion for injunctive relief, the District Court, Rambo, J., held that, although Younger abstention was not appropriate, Pullman abstention was since state court had not resolved state-law issue of whether statute applied to arrangement in question. Ordered accordingly.
United States District Court, M.D. Pennsylvania
Hon. Sylvia H. Rambo
Robert B. Hoffman, Reed, Smith, Shaw & McClay, Harrisburg, Pa., Walter T. McGough, Jr., Jane F. Clokey, Reed, Smith, Shaw & McClay, Roslyn M. Litman, Litman, Litman, Harris, Brown & Watzman, P.C., Martha S. Helmreich, Pittsburgh, Pa., for plaintiffs. Gwendolyn T. Mosley, John G. Knorr, III, Robert A. Graci, Office of Atty. Gen., Harrisburg, Pa., for defendants.
1991 WL 132231