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U. PARK CINEMAS, INC. v. BOR. OF WINDBER

No. 9 of 1972.

59 Pa. D. & C. 2d 726 (1972)

University Park Cinemas, Inc. v. Borough of Windber

Common Pleas Court of Somerset County, Pennsylvania.

December 8, 1972.

Attorney(s) appearing for the Case

Myron I. Markovitz, of Gleason, DiFrancesco, Shahade & Markovitz, for plaintiffs.

Eugene E. Fike, 2d, of Fike, Cascio & Boose, for defendants.

COFFROTH, P. J., December 8, 1972.

This case is before the court en banc on plaintiffs' exceptions to the adjudication and decree nisi. Plaintiffs have excepted to the third, fourth, seventh, eighth and ninth findings of fact as being contrary to, or unsupported by, the evidence, to all five conclusions of law and to the decree nisi.

FACTS

Since 1926, Windber Borough has imposed by ordinance a license fee on certain amusements including

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