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PHILA. COCA-COLA BOTTLING CO. v. PHILA.

382 Pa. 299 (1955)

Philadelphia Coca-Cola Bottling Company v. Philadelphia, Appellant.

Supreme Court of Pennsylvania.

June 27, 1955.

Attorney(s) appearing for the Case

Jerome J. Shestack, First Deputy City Solicitor, with him Jacob J. Siegal, Assistant City Solicitor, Abraham Wernick, Deputy City Solicitor and Abraham L. Freedman, City Solicitor, for appellants.

Frank Rogers Donahue, with him Robert D. Abrahams, Donahue, Battle & Donahue and Abrahams & Lowenstein, for appellees.

Joseph W. Henderson, with him Bayard M. Graf, George M. Brodhead and Rawle & Henderson, for Metropolitan Bottling Co., Inc., intervenor.

George P. Orr, with him George P. Williams, III and Orr, Williams & Baxter, for The Charles E. Hires Company, intervenor.

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

OPINION BY MR. JUSTICE ARNOLD, June 27, 1955:

This is an appeal from a decree enjoining the city of Philadelphia from imposing a mercantile license tax upon the portion of the business of the Philadelphia Coca-Cola Bottling Company which is subject to tax under the provisions of the Carbonated Beverages Act of 1925, P.L. 730, as amended, 31 PS § 761 et seq. The Booth Bottling Company, Metropolitan Bottling Co., Inc., and Charles E. Hires Company were granted...

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