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PHILA. LIFE INS. CO. v. COMMONWEALTH

410 Pa. 571 (1963)

Philadelphia Life Insurance Company v. Commonwealth, Appellant.

Supreme Court of Pennsylvania.

April 16, 1963.

Attorney(s) appearing for the Case

Mark Yaskin, Deputy Attorney General, with him David Stahl, Attorney General, for appellants.

Sanford D. Beecher, with him Lowell S. Thomas, Jr., and Duane, Morris & Heckscher, for appellee.

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

OPINION BY MR. JUSTICE BENJAMIN R. JONES, April 16, 1963:

The basic issue on this appeal1 is the jurisdiction of a court of equity: (a) to restrain officials of the Commonwealth from the enforcement of an allegedly invalid tax statute; (b) to determine the constitutionality or unconstitutionality of a tax statute; (c) to act where a statutory remedy is provided for the settlement of the taxes imposed by the statute.

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