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CITY OF PGH. ET AL. v. ALLEG. V. BK. OF PGH. ET AL.

Nos. 293, 294, 295 and 270 C.D. 1977.

35 Pa.Commw. 502 (1978)

City of Pittsburgh, a municipal corporation, and Joseph L. Cosetti, Treasurer v. Allegheny Valley Bank of Pittsburgh et al., Appellants. City of Pittsburgh, a municipal corporation, and Joseph L. Cosetti, Treasurer v. Allegheny Valley Bank of Pittsburgh et al. Pittsburgh National Bank, Appellant. City of Pittsburgh, a municipal corporation, and Joseph L. Cosetti, Treasurer, Appellants v. Allegheny Valley Bank of Pittsburgh et al., Appellees.

Commonwealth Court of Pennsylvania.

May 30, 1978.

Attorney(s) appearing for the Case

Eugene B. Strassburger, III, Deputy City Solicitor, with him Grace S. Harris, Executive Assistant City Solicitor, and Mead J. Mulvihill, Jr., City Solicitor, for appellants.

Carl E. Glock, Jr., with him J. Sherman McLaughlin; Reed, Smith, Shaw & McClay; George L. Cass; Buchanan, Ingersoll, Rodewald, Kyle & Buerger; Everett K. Dilworth; John P. Papuga; Tucker, Arensberg & Ferguson; James F. Malone, III; Brandt, Milnes, Rea & Malone; Robert H. Stevenson; Anderson, Moreland & Bush; Abraham Fishkin; William B. Mallin; Ray C. Stoner; and Eckert, Seamans Cherin & Mellott, for appellees.

Argued November 2, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, May 30, 1978:

These consolidated cross appeals1 evolve from litigation initiated by the City of Pittsburgh in the Court of Common Pleas of Allegheny County to enforce collection of its Business Privilege Tax2 assertedly due and owing by nine banking institutions (banks), State and Federal, for the tax years 1969-73.

There is no dispute that the taxing ordinance as...

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