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MAY DEPT. STORES CO. v. CITY OF PGH. ET AL.

Nos. 1244 and 1281 C.D. 1976.

31 Pa.Commw. 398 (1977)

The May Department Stores Company, a Corporation v. City of Pittsburgh and Joseph L. Cosetti, Treasurer. (2 Cases)

Commonwealth Court of Pennsylvania.

August 11, 1977.

Attorney(s) appearing for the Case

Grace S. Harris, Executive Assistant City Solicitor, with her Mead J. Mulvihill, Jr., City Solicitor, for appellant.

A. Sieber Hollinger, with him Reed, Smith, Shaw & McClay, for appellee.

Argued May 4, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate in the decision.

OPINION BY PRESIDENT JUDGE BOWMAN, August 11, 1977:

The May Department Stores Company (May), a New York corporation, operates a large department store in Pittsburgh (Kaufmann's) and also operates two parking garages under lease from the Public Parking Authority of Pittsburgh (Authority). As the result of an audit performed in August, 1975, the City of Pittsburgh (City), through its Treasurer, determined deficiencies and made assessments for May's Business Privilege...

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