Superior Court of Pennsylvania December 18, 1981, 592 (Commonwealth v. One Electro-Sport Draw Poker MacHine, Serial No. 258)

SHERTZ, Judge:

This is an appeal by the Commonwealth from the order of the Trial Court, entered on May 21, 1980, granting a Motion for Return of Property and to Prohibit Seizure. We affirm the order of the court below.

Harold 0. Allen is the owner and operator of an establishment known as “Allen’s Grill.” For the entertainment of his customers, Mr.