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VOL. FIREMEN'S R. ASSN., v. MINEHART.

415 Pa. 305 (1964)

Volunteer Firemen's Relief Association, Appellant, v. Minehart.

Supreme Court of Pennsylvania.

September 29, 1964.

Attorney(s) appearing for the Case

Paul H. Rhoads, with him George B. Balmer, Henry W. Rhoads, Ralph W.D. Levan, City Solicitor, and Snyder, Balmer & Kershner, and Rhoads, Sinon & Reader, for appellants.

Morris Gerber, Deputy Auditor General, with him William H. Smith, First Assistant Counsel, for Auditor General, Russell A. Davis, Counsel for State Treasurer, Edward Friedman, Deputy Attorney General, and Walter E. Alessandroni, Attorney General, for appellees.

Andrew R. Klein, filed a brief for amicus curiae.

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

OPINION BY MR. JUSTICE COHEN, September 29, 1964:

By the Act of June 28, 1895, P.L. 408, § 2, as amended, 72 P.S. § 2262, the amount collected by the Commonwealth from the two percent state tax on gross premiums received annually by foreign fire insurance companies from business done by them within the Commonwealth is to be paid by the State Treasurer to the treasurers of the various municipalities within the Commonwealth and by the latter to the firemen...

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