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MOTCH & MERRYWEATHER CO. v. PBGH. DIST.

381 Pa. 619 (1955)

Motch & Merryweather Machinery Company v. Pittsburgh School District, Appellant.

Supreme Court of Pennsylvania.

May 23, 1955.

Attorney(s) appearing for the Case

Oscar G. Peterson, Assistant Solicitor, with him Mortimer B. Lesher, Solicitor and Niles Anderson, Assistant Solicitor, for appellants in No. 138.

Robert Engel, Assistant City Solicitor, with him J. Frank McKenna, City Solicitor, for appellants in No. 140.

Carl E. Glock, Jr., with him Reed, Smith, Shaw & McClay, for appellee.

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

OPINION BY MR. JUSTICE BELL, May 23, 1955:

The City and School District of Pittsburgh sought to subject the plaintiff to mercantile license taxes. The Mercantile License Tax Act of June 20, 1947, P.L. 745 and Ordinance No. 488 of December 1, 1947, respectively prescribe a license fee for the privilege of doing business, viz., a millage tax on the volume of the annual gross business transacted by every person engaged in certain specified occupations or businesses in...

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