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CITY OF PGH. v. PUBLIC PARK. AUTH. OF PGH.

No. 97 C.D. 1973.

11 Pa.Commw. 442 (1974)

City of Pittsburgh, Appellant, v. Public Parking Authority of Pittsburgh, Associated Dry Goods Corporation, a Virginia Corporation, Successors to Joseph Horne Co., a Pennsylvania Corporation, Gimbel Brothers, Inc., a New York Corporation, The May Department Stores Company, a New York Corporation, and Parking Service Corporation, a Pennsylvania Corporation, Appellee.

Commonwealth Court of Pennsylvania.

January 14, 1974.

Attorney(s) appearing for the Case

Ralph Lynch, Jr., City Solicitor, with him Grace S. Harris, Special Assistant City Solicitor, for appellant.

Leonard Boreman, with him Robert G. Sable and Baskin, Boreman, Wilner, Sachs, Gondelman & Craig, for appellees.

Paul H. Titus, with him Bernard D. Marcus and Kaufman & Harris, for amicus curiae Mellon Square Garage, Inc.

Argued November 7, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE ROGERS, January 14, 1974:

This is yet another case arising from the City of Pittsburgh's purpose to tax commercial parking transactions and is concerned with Ordinance No. 704 of 1969 of the City of Pittsburgh which, as it affected owners of commercial lots, was struck down by the Supreme Court in Alco Parking Corporation v. Pittsburgh, 453 Pa. 245, 307 A.2d 851 (1973). The principal plaintiffs

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