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PHILA. v. SAM BOBMAN DEPT. STORE CO.

189 Pa.Super. 72 (1959)

Philadelphia, Appellant, v. Sam Bobman Department Store Company.

Superior Court of Pennsylvania.

March 18, 1959.

Attorney(s) appearing for the Case

David Berger, City Solicitor, with him Albert J. Persichetti and James L.J. Pie, Assistant City Solicitors, and Alan Miles Ruben, Assistant to the City Solicitor, for appellant.

Ronald N. Rutenberg, with him Harry A. Rutenberg, for appellee.

Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ. (HIRT, J., absent).

OPINION BY WOODSIDE, J., March 18, 1959:

This is an appeal from an order of the Municipal Court of Philadelphia dismissing a motion of the City of Philadelphia for judgment on the pleadings in its suit in assumpsit to collect a delinquent tax claim.

The defendant, a Pennsylvania corporation, filed tax returns for the years 1953 and 1954, and paid the mercantile license tax which it admitted on its returns to be due. Thereafter, the city, upon audit of the...

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