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FINEBERG v. PITTSBURGH SCH. DIST.

415 Pa. 108 (1964)

Fineberg v. Pittsburgh School District, Appellant. Fineberg v. Pittsburgh, Appellant.

Supreme Court of Pennsylvania.

July 1, 1964.

Attorney(s) appearing for the Case

Regis C. Nairn, Assistant City Solicitor, with him Niles Anderson, School Solicitor, and David W. Craig, City Solicitor, for appellants.

Abraham Pervin, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE COHEN, July 1, 1964:

The School District and the City of Pittsburgh (appellants) claimed additional mercantile license taxes from Herman Fineberg, trading as Industrial Uniform Company (appellee), following their examination of his books and records. The basis of their claims was that Fineberg, who had reported and paid tax as a wholesaler, should have reported and paid tax as a retailer. Fineberg promptly paid the claimed amounts and appealed...

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