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COM. v. CEN. PENN. Q. S. & C. CO.

422 Pa. 573 (1966)

Commonwealth v. Central Pennsylvania Quarry Stripping & Construction Company, Appellant.

Supreme Court of Pennsylvania.

September 27, 1966.

Attorney(s) appearing for the Case

Richard C. Fox, with him McNees, Wallace & Nurick, for appellant.

Eugene J. Anastasio, Deputy Attorney General, with him Walter E. Alessandroni, Attorney General, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE COHEN, September 27, 1966:

This appeal raises the question of whether diesel fuel used to propel vehicles used by Central Pennsylvania Quarry Stripping & Construction Company (appellant) in its highway and other real estate construction business is taxable under the Selective Sales and Use Tax Act of March 6, 1956, P.L. (1955) 1228, as amended, 72 P.S. §§ 3403-1 to 3403-605. Appellant, following receipt of a use tax assessment...

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