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SHIRKS MOTOR EXPRESS CORP. v. MESSNER

375 Pa. 450 (1953)

Shirks Motor Express Corporation, Appellant, v. Messner.

Supreme Court of Pennsylvania.

November 17, 1953.

Attorney(s) appearing for the Case

Frank A. Sinon, with him Rhoads, Sinon & Reader, John R. Norris, Baldwin, Jarman & Norris, George S. Norcross and Warner, Norcross & Judd, for appellants.

Harry F. Stambaugh, Special Counsel, with him Robert E. Woodside, Attorney General, for appellees.

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

OPINION BY MR. JUSTICE CHIDSEY, November 17, 1953:

The appellants, Shirks Motor Express Corporation and Interstate Motor Freight System, Inc., filed separate bills in equity against the Secretary of Revenue and the Auditor General of the Commonwealth of Pennsylvania to enjoin them from enforcing the Act of June 22, 1931, P.L. 694, as amended by the Act of December 27, 1951, P.L. 1761, 72 PS § 2185 et seq., which imposes...

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