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OCCIDENTAL L. INS. CO. OF CALIF. v. COM.

Appeal, No. 806 Tr. Dkt. 1970.

6 Pa.Commw. 532 (1972)

Occidental Life Insurance Company of California v. Commonwealth.

Commonwealth Court of Pennsylvania.

October 17, 1972.

Attorney(s) appearing for the Case

Lewis S. Kunkel, Jr., with him John B. Huffaker and Pepper, Hamilton & Scheetz, for appellant.

Eugene J. Anastasio, Deputy Attorney General, for appellee.

Argued September 11, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, October 17, 1972:

Occidental Life Insurance Company of California (Occidental) is a California insurance company authorized to do business in Pennsylvania. Because California's gross premium tax rate was higher than the rate in Pennsylvania,1 Occidental was required to pay to Pennsylvania an additional charge, or "retaliatory tax," pursuant to the provisions of the Act of May 17, 1921, P.L. 789, Art. II, §...

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