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PHILADELPHIA v. DEPUY

431 Pa. 276 (1968)

Philadelphia, Appellant, v. Depuy.

Supreme Court of Pennsylvania.

August 6, 1968.

Attorney(s) appearing for the Case

Richardson Dilworth and Solomon Fisher, with them Dilworth, Paxson, Kalish, Kohn & Levy, for company, appellant.

Matthew W. Bullock, Jr., Second Deputy City Solicitor, with him Edward G. Bauer, Jr., City Solicitor, for City of Philadelphia, appellants.

Daniel W. Long, Borough Solicitor, for borough, appellant.

Edward T. Baker, Deputy Attorney General, with him Edward Friedman, Counsel General, and William C. Sennett, Attorney General, for appellee.

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

OPINION BY MR. JUSTICE ROBERTS, August 6, 1968:

This litigation centers around one paragraph of the Act of June 1, 1889, P.L. 420, § 23, as amended, 72 P.S. § 2181 (Supp. 1967). The act generally imposes an annual tax of 14 mills on the gross receipts of certain enumerated utilities; the section directly involved in this litigation exempts from taxation the gross receipts of municipally owned or operated public utilities to the extent that these gross receipts...

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