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COM. v. GENERAL FOODS CORP.

429 Pa. 266 (1968)

Commonwealth, Appellant, v. General Foods Corporation.

Supreme Court of Pennsylvania.

March 15, 1968.

Attorney(s) appearing for the Case

George W. Keitel, Deputy Attorney General, with him William C. Sennett, Attorney General, for Commonwealth, appellant.

David McNeil Olds, with him Carl E. Glock, Jr., Carl F. Chronister, James H. McConomy, Kendall M. Cole, John W. Kuhnemund, and Reed, Smith, Shaw & McClay, for appellee.

Robert D. Myers, Frank A. Sinon, and Rhoads, Sinon & Reader, for amicus curiae.

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

OPINION BY MR. JUSTICE COHEN, March 15, 1968:

This is an appeal by the Commonwealth of Pennsylvania (Commonwealth) from an order of the Court of Common Pleas of Dauphin County sustaining the position of General Foods Corporation (taxpayer) in a controversy involving its Pennsylvania franchise tax for the year ended March 31, 1960.

Although the parties phrase the questions involved in different ways, it is clear that the issues presented here are (1) whether...

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