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SCHOOL DIST. OF PHILA. ET AL. v. DAMICO, INC.

No. 1543 C.D. 1973.

15 Pa.Commw. 558 (1974)

The School District of Philadelphia and Thomas W. Rogers, Appellants, v. Damico, Inc., Appellee.

Commonwealth Court of Pennsylvania.

November 14, 1974.

Attorney(s) appearing for the Case

Robert T. Lear, with him Edward B. Soken, for appellants.

Marvin Comisky, with him Alan Gershenson, and, of counsel, Blank, Rome, Klaus & Comisky, for appellee.

Argued October 7, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate.

OPINION BY JUDGE WILKINSON, November 14, 1974:

This case challenges the constitutionality of the Philadelphia Business Use and Occupancy Tax enacted by the City Council on June 4, 1970 (Bill No. 1860),1 authorizing the imposition of such a tax by the Board of Education of the School District of Philadelphia as it is applied to appellee. That this tax is constitutional in its general application was decided by the Pennsylvania Supreme Court...

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