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MAN, LEVY & NOGI ET AL. v. SCRANTON S. D. ET AL.

No. 1270 C.D. 1976.

31 Pa.Commw. 75 (1977)

Man, Levy & Nogi, Inc., et al., Petitioners v. School District of the City of Scranton and Gerard Schirra, Tax Collector, Respondents.

Commonwealth Court of Pennsylvania.

July 13, 1977.

Attorney(s) appearing for the Case

Henry P. Burke, with him Donald G. Douglass, for petitioners.

James A. Kelly, for respondents.

Frank R. Bolte, with him Victor R. Delle Donne, and Baskin, Boreman, Wilner, Sachs, Gondelman & Craig, for amicus curiae, Pennsylvania Association of Independent Insurance Agents.

Argued April 6, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE KRAMER, July 13, 1977:

This is an appeal from an order of the Court of Common Pleas of Lackawanna County, dated June 21, 1976, which sustained the preliminary objection in the nature of a demurrer raised by the School District of the City of Scranton and Gerard Schirra, Tax Collector, and dismissed the cause of action brought by Man, Levy & Nogi, Inc. and the other plaintiffs in this case.

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