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O'BOYLE'S I. C. ISL., INC. v. COM. OF PA.

No. 1474 C.D. 1977.

123 Pa.Commw. 232 (1989)

553 A.2d 1033

O'Boyle's Ice Cream Island, Inc., Petitioner v. Commonwealth of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

January 31, 1989.

Attorney(s) appearing for the Case

John P. Koopman, Begley, Carlin & Mandio, for petitioner.

Robert P. Coyne, Deputy Attorney General, with him, LeRoy S. Zimmerman, Attorney General, for respondent.

Argued October 31, 1988, before Judges CRAIG and PALLADINO, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, January 31, 1989:

O'Boyle's Ice Cream Island, Inc. (Petitioner) appeals from an order of the Board of Finance and Revenue (Board), which sustained the imposition of sales tax on sales of Petitioner's ice cream products and denied Petitioner's request for a refund.1 We reverse.

The parties have stipulated to the following facts: Petitioner is...

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