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

No. 1796 C.D. 1975.

28 Pa.Commw. 329 (1977)

Public Parking Authority of Pittsburgh et al. v. City of Pittsburgh, a municipal corporation. City of Pittsburgh, Appellant.

Commonwealth Court of Pennsylvania.

January 27, 1977.

Attorney(s) appearing for the Case

Grace S. Harris, Executive Assistant City Solicitor, with her Mead J. Mulvihill, Jr., City Solicitor, for appellant.

David McNeil Olds, with him Joseph F. McDonough, and Reed, Smith, Shaw & McClay, for appellee, May Department Stores Company.

David L. Feigenbaum, with him John G. Frazer, Jr., and Kirkpatrick, Lockhart, Johnson & Hutchison, for Associated Dry Goods Corporation.

Joan P. Feldman, with her Richard H. Martin, and Baskin, Boreman, Wilner, Sachs, Gondelman & Craig, for Parking Service Corporation.

Louis Caplan, with him David S. Watson, and Thorp, Reed & Armstrong, for appellee, Gimbel Brothers, Inc.

Argued October 26, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE CRUMLISH, JR., January 27, 1977:

The City of Pittsburgh (City) has appealed an order of the Court of Common Pleas directing it to pay interest from the date of payment on monies which were paid pursuant to a subsequently invalidated local tax ordinance. Appellees1 are operators of public parking facilities located within the City who paid, under protest, a 20 percent business privilege tax upon their gross receipts. The...

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