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NEWVILLE BOROUGH v. DEWALT

173 Pa.Super. 254 (1953)

Newville Borough, Appellant, v. Dewalt.

Superior Court of Pennsylvania.

July 14, 1953.

Attorney(s) appearing for the Case

John McCrea, with him W.H. McCrea, Jr., for appellant.

E.M. Biddle, Jr., with him Merrill F. Hummell, for appellee.

Before RHODES, P.J., RENO, ROSS and WRIGHT, JJ. (HIRT, DITHRICH and GUNTHER, JJ., absent).

OPINION BY RHODES, P.J., July 14, 1953:

This was an action of assumpsit by the Borough of Newville to recover a penalty of $200 from defendant for failure to pay a tax under an ordinance imposing a tax of $25 per year "on every gasoline, kerosene, oil pump or tank on or under any public Highway of the Borough of Newville, including sidewalks and curbs or adjacent thereto." Defendant operated during the year 1948 two gasoline pumps on land owned by him and his wife...

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