Rogers v. Pennick

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 Code. See 47 P.S. § 1-101 et seq. (Purdon 1969). The Code, generally proscribing the private, retail sale of alcoholic beverages for off-premises consumption, was recently reenacted with some…