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PHILA. ELEC. CO. v. DEPT. OF REV. ET AL.

No. 1420 C.D. 1983.

85 Pa.Commw. 150 (1984)

Philadelphia Electric Company, Petitioner v. Commonwealth of Pennsylvania, Department of Revenue, Penn Center House, Incorporated and Council of 220 West Rittenhouse Square, Respondents.

Commonwealth Court of Pennsylvania.

September 13, 1984.

Attorney(s) appearing for the Case

Charles W. Bowser, Pechner, Dorfman, Wolffe, Rounick & Cabot, for petitioner.

Paul S. Roeder, Deputy Attorney General, with him, LeRoy S. Zimmerman, Attorney General, for respondent, Commonwealth of Pennsylvania, Department of Revenue.

Craig E. Ziegler, Montgomery, McCracken, Walker & Rhoads, for respondent, Penn Center House, Inc.

E. Gerald Donnelly, Jr., with him, Ronald J. Shaffer, of counsel, Fox Rothschild, O'Brien & Frankel, for respondent, Counsel of 220 West Rittenhouse Square.

Argued April 3, 1984, before President Judge CRUMLISH, JR. and Judges ROGERS, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO.

OPINION BY JUDGE DOYLE, September 13, 1984:

Before us are preliminary objections filed by the Commonwealth, Penn Center House, Inc. (Penn Center), and the Council of 220 West Rittenhouse Square (220 West) to a petition for review brought in our original jurisdiction by Philadelphia Electric Company (PECO). PECO seeks declaratory and injunctive relief against the Department of Revenue (Department) in its application of the Tax Reform Code of 1971 (Code), Act of March...

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