COMMONWEALTH v. HIGH WELDING CO.


428 Pa. 545 (1968)

Commonwealth, Appellant, v. High Welding Company.

Supreme Court of Pennsylvania.

March 15, 1968.


Attorney(s) appearing for the Case

Edward T. Baker, Deputy Attorney General, with him William C. Sennett, Attorney General, for Commonwealth, appellant.

Richard C. Fox, with him T. Roberts Appel, II, and Appel, Ranck, Herr & Appel, and McNees, Wallace & Nurick, for appellee.

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


OPINION BY MR. JUSTICE JONES, March 15, 1968:

The Commonwealth of Pennsylvania appeals from a judgment of the Court of Common Pleas of Dauphin County which, in its effect, directed the payment of a refund of a sales tax to High Welding Company (taxpayer).

The taxpayer, primarily engaged in the fabrication of steel products with its principal office located in Lancaster, during the period from March 1, 1961 through...

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