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CAHILL v. PHILADELPHIA

381 Pa. 611 (1955)

Cahill, Appellant, v. Philadelphia.

Supreme Court of Pennsylvania.

May 23, 1955.

Attorney(s) appearing for the Case

Robert G. Kelly, with him William R. Deasey and Kelly, Deasey & Scanlan, for appellant.

Abraham Wernick, Deputy City Solicitor, with him Mitchell S. Lipschutz, Assistant City Solicitor, Jerome J. Shestack, First Deputy City Solicitor and Abraham L. Freedman, City Solicitor, for appellees.

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

OPINION BY MR. CHIEF JUSTICE HORACE STERN, May 23, 1955:

Plaintiff is the proprietor of a restaurant, holds a retail liquor license, and sells alcoholic beverages to his patrons. He brought the present action in equity, on behalf of himself and all others similarly engaged in Philadelphia, to restrain the City from applying its mercantile license tax to receipts from the sale of liquors. The court below dismissed the complaint.

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