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C & P TELEPHONE CO. OF MD. v. DIRECTOR OF FINANCE, CITY COUNCIL OF BALTIMORE

No. 97, Sept.Term, 1995.

683 A.2d 512 (1996)

343 Md. 567

The CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF MARYLAND, et al. v. DIRECTOR OF FINANCE FOR THE MAYOR AND CITY COUNCIL OF BALTIMORE

Court of Appeals of Maryland.

October 9, 1996.

Attorney(s) appearing for the Case

Kaye B. Bushel (T. Scott Basik, Basik, Bushel & Shelton, on brief); Price O. Gielen, Neuberger, Quinn, Gielen, Rubin & Gibber, P.A., Baltimore, for Charles Towers Partnership, et al.; Melvin J. Kodenski, Christopher M. Lee, Kodenski and Canaras, Baltimore, for Appellant Santoni's, Inc.

Melvin J. Sykes (Otho M. Thompson, Deputy Sol., Carolyn A. Espy, Principal Counsel, Abraham M. Schwartz, Asst. Sol., on brief), Baltimore, for Respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.

BELL, Judge.

We granted certiorari in this case to consider whether, pursuant to Baltimore City Code (1983 Repl.Vol. & 1993 Cum.Supp.) Article 28, § 55(a)(1), a tax levied on the "gross sales price" of "sales for consumption" of electricity applies to certain charges on the petitioners' monthly electric bills that do not vary in proportion to the amount of electricity consumed. On motion for summary judgment, the...

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