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WEST PENN POWER CO. v. DEPT. OF REVENUE

No. 1339 C.D. 1980.

66 Pa.Commw. 263 (1982)

West Penn Power Company, Petitioner v. Howard Cohen, Secretary, Pennsylvania Department of Revenue, Respondent.

Commonwealth Court of Pennsylvania.

April 22, 1982.

Attorney(s) appearing for the Case

R. Scott Shearer, with him Howell C. Mette, Shearer, Mette & Woodside, for petitioner.

Vincent J. Dopko, Deputy Attorney General, for respondent.

Argued December 15, 1981, before President Judge CRUMLISH, JR. and Judges MENCER, ROGERS, WILLIAMS, JR. and CRAIG.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., April 22, 1982:

This matter comes within the original jurisdiction of our Court. West Penn Power Company filed a complaint in mandamus to compel the Secretary of Revenue to make settlement of tax returns filed under the Public Utility Realty Tax Act1 (PURTA) for the years 1969 through 1973. Additionally, petitioner has requested a declaratory judgment from this Court as to the duties and responsibilities...

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