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COM. v. EASTERN MOTOR EXP., INC.

398 Pa. 279 (1959)

Commonwealth, Appellant, v. Eastern Motor Express, Inc. Commonwealth, Appellant, v. Riss & Company, Inc.

Supreme Court of Pennsylvania.

December 30, 1959.

Attorney(s) appearing for the Case

Edward Friedman, Deputy Attorney General, with him Anne X. Alpern, Attorney General, for appellant.

Frank A. Sinon, with him F. Eugene Reader, and Rhoads, Sinon & Reader, for appellees.

Sanford D. Beecher, and Duane, Morris & Heckscher, for amicus curiae.

James M. Marsh and J. Harry LaBrum, and LaBrum and Doak, for amici curiae.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN and BOK, JJ.

OPINION BY MR. JUSTICE BELL, December 30, 1959:

These appeals were heard and will be considered together. The question involved may be thus stated: Is the tax imposed on each of these defendants by the Corporation Income Tax Law of 1951* valid and Constitutional. The lower Court held the Act to be unconstitutional.

The facts must necessarily be stated at length. We quote with approval the following excerpts from the able comprehensive...

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