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HONORBILT PRODUCTS v. PHILADELPHIA

380 Pa. 630 (1955)

Honorbilt Products, Inc. v. Philadelphia, Appellant.

Supreme Court of Pennsylvania.

March 14, 1955.

Attorney(s) appearing for the Case

Jerome J. Shestack, First Deputy City Solicitor, with him Mitchell S. Lipschutz, Assistant City Solicitor, Abraham Wernick, Deputy City Solicitor, and Abraham L. Freedman, City Solicitor, for appellant.

Bernard Wolfman, with him Marvin Katz, and Wolf, Block, Schorr & Solis-Cohen, for appellee.

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

OPINION BY MR. JUSTICE CHIDSEY, March 14, 1955:

The plaintiff, Honorbilt Products, Inc., brought an action in assumpsit to recover from the defendant, City of Philadelphia, the sum of $5,191.51, representing taxes and penalties for the year 1953 alleged to have been illegally collected by the City under its Mercantile License Tax Ordinance of December 9, 1952, as amended. The ordinance imposed a tax of 3 mills on the gross volume of business transacted within the...

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