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BOX OFFICE PICTURES v. BD. OF FIN. & REV.

402 Pa. 511 (1961)

Box Office Pictures, Inc., Appellant, v. Board of Finance and Revenue.

Supreme Court of Pennsylvania.

January 4, 1961.

Attorney(s) appearing for the Case

Edwin P. Rome, with him Morris L. Weisberg, Goncer M. Krestal, Huette F. Dowling, and Blank, Rudenko, Klaus & Rome, and Dowling & Dowling, for appellants.

George W. Keitel, Deputy Attorney General, with him Mark Yaskin, Deputy Attorney General, and Anne X. Alpern, Attorney General, for Commonwealth, appellee.

Arlin M. Adams, with him Philip M. Hammett, and William A. Schnader, and Schnader, Harrison, Segal & Lewis, for amicus curiae, corporations.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.

OPINION BY MR. JUSTICE EAGEN, January 4, 1961:

To the separate appeals and complaints in mandamus filed in the court below by appellants for the refund of monies paid as license fees to the Commonwealth, the defendant Board of Finance and Revenue of the Commonwealth filed four preliminary objections, the last of which, in effect, set up a five-year limitations statute in bar of the action. The lower court sustained this particular objection and dismissed petitioners...

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