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BRADDOCK BOROUGH v. BARTOLETTA

409 Pa. 281 (1962)

Braddock Borough, Appellant, v. Bartoletta.

Supreme Court of Pennsylvania.

November 13, 1962.

Attorney(s) appearing for the Case

Francis A. Muracca, for plaintiff-borough, appellant.

Anton W. Bigman, for plaintiff-school district, appellant.

Leonard M. Mendelson, with him Daniel Krause, Sidney Baker, George J. Miller, Charles G. Notari, James A. Danahey, Coleman Harrison, Tasso E. Camarinos, Allan H. Cohen, John A. Virostek, and James H. Brennan, for defendants, appellees.

Sylvan Libson, for Redevelopment Authority of Allegheny County, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.

OPINION PER CURIAM, November 13, 1962:

Judgments affirmed on opinion of Judge WALTER P. SMART, 28 Pa. D. & C. 2d 529.

DISSENTING OPINION BY MR. JUSTICE COHEN:

While I agree with the majority that no tax was incurred by the transactions in question, I am forced to dissent because of the procedure used by the taxpayer. A taxpayer who desires to challenge a deed transfer tax must either pay the tax and sue for refund — the payment of the tax...

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