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CITY STORES CO. v. PHILADELPHIA

376 Pa. 482 (1954)

City Stores Company v. Philadelphia, Appellant.

Supreme Court of Pennsylvania.

March 22, 1954.

Attorney(s) appearing for the Case

Abraham Wernick, Deputy City Solicitor, with him Abraham L. Freedman, City Solicitor, for appellant.

Stanley Folz, with him Robert John Brecker, Knox Henderson and Folz, Bard, Kamsler, Goodis & Greenfield, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. CHIEF JUSTICE HORACE STERN, March 22, 1954:

Plaintiff, City Stores Company, successfully maintained a bill in equity against defendant, the City of Philadelphia, to restrain it from assessing against plaintiff certain documentary stamp taxes. Defendant appeals from the decree of the court below granting the injunction prayed for.

An ordinance of the City of September 7, 1937,1 entitled "To provide revenue by imposing...

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