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MELLON SQ. G., INC. v. PUB. P. AUTH. of PITTS.

442 Pa. 229 (1971)

Mellon Square Garage, Inc., Appellant, v. Public Parking Authority of Pittsburgh.

Supreme Court of Pennsylvania.

March 18, 1971.

Attorney(s) appearing for the Case

Paul H. Titus, with him Samuel Kaufman, Bernard D. Marcus, and Kaufman & Kaufman, for appellant.

William J. Staley, with him Richard B. Tucker, Jr., Donald P. Eriksen, and Tucker, Burke, Campbell & Arensberg, for appellee.

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

OPINION BY MR. JUSTICE ROBERTS, March 18, 1971:

The central issue presented by this appeal is whether, for purposes of computing rent due under a sublease between the parties, the Pittsburgh Parking Tax is a "sales or other similar tax." We affirm the order of the court of common pleas holding the tax did not qualify as a "sales or other similar tax" and dismissing appellant's complaint for failure to state a cause of action.

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