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GEO. A. FULLER CO., INC. v. CITY OF PGH. ET AL.

No. 731 C.D. 1973.

15 Pa.Commw. 403 (1974)

George A. Fuller Company, Inc., Appellant, v. City of Pittsburgh and Joseph L. Cosetti, Treasurer, Appellees.

Commonwealth Court of Pennsylvania.

October 16, 1974.

Attorney(s) appearing for the Case

John G. Kish, with him John Miles Kish and Kish & Kish, for appellant.

Grace S. Harris, Special Assistant City Solicitor, with her Ralph Lynch, Jr., City Solicitor, for appellees.

A. Sieber Hollinger, with him Reed, Smith, Shaw & McClay, for amicus curiae, Construction Industry Advancement Program of Western Pennsylvania Fund.

Argued May 6, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, October 16, 1974:

In December of 1968, the City of Pittsburgh (City) enacted Ordinance No. 675 imposing a tax upon the privilege of operating or conducting business in the City. The ordinance, which became effective on February 1, 1969, required the tax to be paid annually and its amount to be determined by the volume of the taxpayer's gross annual receipts. It authorized the City Treasurer...

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