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BLOOMINGDALE'S v. DEPT. OF REVENUE

130 Pa.Commw. 190 (1989)

567 A.2d 773

BLOOMINGDALE'S BY MAIL, LTD., Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF REVENUE, and Barton A. Fields, in his capacity as Secretary of Revenue, Commonwealth of Pennsylvania, Department of Revenue, Respondents.

Commonwealth Court of Pennsylvania.

Decided December 18, 1989.

Attorney(s) appearing for the Case

Maryann B. Gall, Jones, Day, Reavis & Pogue, Columbus, Ohio and Peter J. Boyer, Blank, Rome, Comisky & McCauley, Philadelphia, for petitioner.

Jeffrey S. Snavely, Meredythe J.Y. Schrom, Asst. Counsel, and Arthur McNulty, Harrisburg, for respondents.

Before CRUMLISH, Jr., President Judge, and CRAIG, DOYLE, BARRY, COLINS, McGINLEY and SMITH, JJ.

SMITH, Judge.

Petitioner Bloomingdale's By Mail, Ltd. (By Mail) filed the present action for declaratory judgment before this Court in its original jurisdiction pursuant to Section 761(a)(1) of the Judicial Code, 42 Pa.C.S. § 761(a)(1) and Section 7532 of the Declaratory Judgments Act, 42 Pa.C.S. § 7532. The principal question presented is whether the attempt by the Department of Revenue (Department...

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