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COM. v. ERIE EXCAVATING & G. CO.

432 Pa. 593 (1968)

Commonwealth, Appellant, v. Erie Excavating & Grading Co.

Supreme Court of Pennsylvania.

November 27, 1968.

Attorney(s) appearing for the Case

Vincent Yakowicz, Deputy Attorney General, with him William C. Sennett, Attorney General, for Commonwealth, appellant.

Richard C. Fox, with him John M. Wolford, and Dunn & Wolford, and McNees, Wallace & Nurick, for appellee.

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

OPINION BY MR. JUSTICE EAGEN, November 27, 1968:

This matter comes before us on appeal from the judgment of the Court of Common Pleas of Dauphin County excluding Erie Excavating & Grading Company (hereinafter Erie) from the payment of a use tax previously assessed by the Commonwealth. The case involves interpretation of the public utility exclusion contained in The Tax Act of 1963 for Education.1

The germane facts are as follows...

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