PUBLIC SERVICE COORDINATED TR. v. CITY OF PHILADELPHIA

No. 12538.

257 F.2d 701 (1958)

PUBLIC SERVICE COORDINATED TRANSPORT v. CITY OF PHILADELPHIA et al., Appellants.

United States Court of Appeals Third Circuit.

Decided July 22, 1958.

Rehearing Denied September 2, 1958.


Attorney(s) appearing for the Case

David Berger, Philadelphia, Pa. (William D. Valente, Asst. City Sol., Jacob J. Siegal, Asst. to the City Sol., Harold E. Kohn, Special Transit Counsel, Philadelphia, Pa., on the brief), for appellants.

Owen B. Rhoads, Philadelphia, Pa. (F. Hastings Griffin, Jr., Barnes, Dechert, Price, Myers & Rhoads, Philadelphia, Pa., on the brief), for appellee.

Before MARIS, KALODNER and STALEY, Circuit Judges.


MARIS, Circuit Judge.

By Section 14 of the Act of July 16, 1935,1 section 723 of the Pennsylvania Motor Vehicle Code was amended so as to extend the power of cities to levy fees or taxes upon motor buses to those buses transporting passengers for hire "from points within such city to its suburbs which are within a radius of ten miles." By the Ordinance of July 2, 1915, and its subsequent reenactments, the City of Philadelphia had imposed...

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