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BROWN & ZORTMAN MACH. CO. v. PITTSBURGH

375 Pa. 250 (1953)

Brown & Zortman Machinery Company, Appellant, v. Pittsburgh.

Supreme Court of Pennsylvania.

November 9, 1953.

Attorney(s) appearing for the Case

Frank W. Ittel, with him George L. Eynon and Reed, Smith, Shaw & McClay, for appellant.

Oscar G. Peterson, Assistant Solicitor for School District of Pittsburgh, and Robert Engel, Assistant City Solicitor, with them Mortimer B. Lesher, Solicitor for School District of Pittsburgh, Niles Anderson, Assistant Solicitor for School District of Pittsburgh, and Anne X. Alpern, City Solicitor, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE MUSMANNO, November 9, 1953:

The plaintiff company seeks to have this Court declare it to be a broker and not a dealer. This preferred nomenclature is desired not for academic reasons but for the very practical purpose that a broker pays a lower mercantile tax than a dealer.

Under the provisions of an ordinance of the City of Pittsburgh passed by virtue of Act No. 481 of June 25, 1947, P.L. 1145 (53 PS 2015.1 et seq) the plaintiff was...

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