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[J-126-2007] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT CAPPY, C.J., CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN, FITZGERALD, JJ.

IN RE: DAUPHIN COUNTY FOURTH INVESTIGATING GRAND JURY

PETITION OF: LOUIS A. DENAPLES AND MOUNT AIRY #1, LLC

: No. 149 MM 2007 : : : : : :

OPINION

MR. JUSTICE CASTILLE

DECIDED: December 10, 2007

This matter concerns the Dauphin County Fourth Investigating Grand Jury and is before us on an Application for review styled as an emergency. Petitioners Louis A. DeNaples and Mount Airy #1, LLC, filed an application for, inter alia, review of three orders entered by the supervising judge of the Grand Jury, all arising out of the issuance of Grand Jury subpoenas. Based on the reasoning that follows, petitioners' applications are hereby denied. In addition, the existing stay, which this Court entered on October 2, 2007, is dissolved. We also dispose of various collateral filings.

I. Background On February 1, 2007, the Pennsylvania Gaming Control Board ("Board") awarded petitioners a Category 2 slot machine license in a revenue-or tourism-enhanced location, pursuant to the Pennsylvania Race Horse Development and Gaming Act. 4 Pa.C.S.

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