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ABBOTTS DAIRIES, INC. et al. v. PHILA.

436 Pa. 131 (1969)

Abbotts Dairies, Inc. et al., Appellants, v. Philadelphia.

Supreme Court of Pennsylvania.

November 11, 1969.

Attorney(s) appearing for the Case

Roland Morris, with him Duane, Morris & Heckscher, for appellants.

Levy Anderson, First Deputy City Solicitor, with him Thomas A. Matthews, Assistant City Solicitor, and Edward G. Bauer, Jr., City Solicitor, for City of Philadelphia et al., appellees.

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

OPINION BY MR. JUSTICE ROBERTS, November 11, 1969:

Effective January 1, 1953, the City of Philadelphia enacted a Mercantile License Tax upon persons and companies engaged in certain business activities within the city. This tax was authorized by the Sterling Act, Act of August 5, 1932, P.L. 45, § 1, as amended, 53 P.S. § 15971. The appellants, however, believed that the imposition of the tax as to them was a violation...

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