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S. D. DAVIS, INC., v. PHILA. SCHOOL DIST.

No. 756.

24 Pa. D. & C. 2d 408 (1960)

S. D. Davis, Inc., v. Philadelphia School District

Common Pleas Court of Philadelphia County, Pennsylvania.

December 21, 1960.

Attorney(s) appearing for the Case

Harold J. Borofsky, for plaintiffs.

Edward B. Soken, C. Brewster Rhoads and Gerald A. Gleeson, Jr., for defendant.

Wolf, Block, Schorr & Solis-Cohen, for Philadelphia Industries, Inc., amicus curiae.

CARROLL, P. J., December 21, 1960.

This matter is before the court on appeal from a decision of the School District of Philadelphia rejecting the claims of appellants, S. D. Davis, Inc., and Sivad Mfg. Corp. for refund of taxes allegedly erroneously paid during the years 1955, 1956 and 1957.

The Act of May 23, 1949, P. L. 1669, sec. 3, as amended, 24 PS §584.3, provides:

"Every person engaging in any business in any school district of the first...

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