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COMMONWEALTH v. HITZELBERGER

419 Pa. 354 (1965)

Commonwealth, Appellant, v. Hitzelberger.

Supreme Court of Pennsylvania.

November 9, 1965.

Attorney(s) appearing for the Case

Vincent X. Yakowicz, Deputy Attorney General, with him Walter E. Alessandroni, Attorney General, for Commonwealth, appellant.

Edward F. Muller, Jr., for appellees.

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

OPINION BY MR. JUSTICE JONES, November 9, 1965:

This is an appeal by the Commonwealth of Pennsylvania from an order of the Court of Common Pleas of Delaware County making absolute a taxpayers' rule to show cause why a Commonwealth lien for an unpaid realty transfer tax should not be stricken from the court records in Delaware County.

Anna M. Fox, a Delaware County resident, died, testate, on March 13, 1961. Margaret Hitzelberger was appointed executrix of...

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