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KELLY RUN SAN., INC. v. COM. OF PA.

No. 1254 C.D. 1982.

87 Pa.Commw. 227 (1985)

Kelly Run Sanitation, Inc., Petitioner v. Commonwealth of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

January 28, 1985.

Attorney(s) appearing for the Case

Robert V. Campedel, with him, Edward P. Zemprelli, Zemprelli, Clipper and Campedel, for petitioner.

Bryan E. Barbin, Deputy Attorney General, for respondent.

Argued October 16, 1984, before President Judge CRUMLISH, JR. and Judges ROGERS, WILLIAMS, JR., MacPHAIL, DOYLE, BARRY and COLINS.

OPINION BY JUDGE BARRY, January 28, 1985:

This appeal results from an order of the Board of Finance and Revenue denying a request for a sales tax refund of petitioner Kelly Run Sanitation, Inc.

Petitioner operates a landfill for the disposal of various forms of waste, forty percent of which is residential waste, twenty percent of which is nonhazardous industrial waste and forty percent of which is hazardous industrial waste. The hazardous industrial waste...

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