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SULLIVAN v. PHILADELPHIA

378 Pa. 648 (1954)

Sullivan, Appellant, v. Philadelphia.

Supreme Court of Pennsylvania.

September 27, 1954.

Attorney(s) appearing for the Case

Samuel B. Fortenbaugh, Jr., with him G. Selden Pitt and Clark, Ladner, Fortenbaugh & Young, for appellants.

Jerome J. Shestack, First Deputy City Solicitor, with him Herman L. Mash, Karl I. Schofield, Assistant City Solicitors and Abraham L. Freedman, City Solicitor, for appellees.

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

OPINION BY MR. JUSTICE JONES, September 27, 1954:

This appeal is from an order sustaining defendants' preliminary objections to a complaint in assumpsit brought by the personal representatives of a decedent to recover personal property taxes alleged to have been erroneously and inadvertently paid the defendant municipalities by the decedent individually and as trustee under the will of her father and by her personal representatives...

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