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BUSY BEAVER BLDG. CEN., INC. v. SCH. D. OF PGH.

No. 1155 C.D. 1975.

25 Pa.Commw. 289 (1976)

Busy Beaver Building Centers, Inc., Appellant v. The School District of Pittsburgh, The City of Pittsburgh and Joseph L. Cosetti, Treasurer of the School District of Pittsburgh and the City of Pittsburgh, Appellees.

Commonwealth Court of Pennsylvania.

June 24, 1976.

Attorney(s) appearing for the Case

Edward J. Van Allem, with him Kirkpatrick, Lockhart, Johnson & Hutchison, for appellant.

Grace S. Harris, Assistant City Solicitor, with her Mead Mulvihill, Jr., Solicitor, City of Pittsburgh, and Ronald F. Talarico, Assistant Solicitor and Justin M. Johnson, Solicitor, Board of Public Education of the School District of Pittsburgh, for appellees.

Argued May 6, 1976, before Judges CRUMLISH, JR., WILKINSON, JR., and BLATT, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, June 24, 1976:

The issue presented in this tax appeal from the Court of Common Pleas of Allegheny County is whether appellant made certain sales as a "wholesale dealer or vendor" or as a "retail dealer or vendor," as those terms are used in the Act of June 20, 1947, P.L. 745, as amended, 24 P.S. § 582.1 et seq., and in Pittsburgh City Ordinance No. 595 of 1970, as...

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