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U.T. OWNERS OF PHILA. v. PHILA. SCH. D.

441 Pa. 274 (1971)

United Tavern Owners of Philadelphia v. Philadelphia School District et al., Appellants.

Supreme Court of Pennsylvania.

January 7, 1971.

Attorney(s) appearing for the Case

Patrick T. Ryan, with him Drinker, Biddle & Reath, for appellants.

Nathan L. Posner, with him Israel Packel, John J. McCreesh, Jr., and Fox, Rothschild, O'Brien & Frankel, and McCreesh & McCreesh, for appellees.

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

OPINION BY MR. JUSTICE O'BRIEN, January 7, 1971:

On June 4, 1970, the City of Philadelphia enacted an ordinance amending § 19-1800 of The Philadelphia Code by adding a new section authorizing the Board of Education of the School District of Philadelphia to impose a tax of ten percent on the retail sales of liquor and malt and brewed beverages in hotels, restaurants, taverns or clubs within the City of Philadelphia.

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