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HARSCO CORP. v. CITY OF PGH.

No. 1462 C.D. 1985.

97 Pa.Commw. 55 (1986)

508 A.2d 1298

Harsco Corporation, Appellant v. City of Pittsburgh, Appellee.

Commonwealth Court of Pennsylvania.

May 6, 1986.

Attorney(s) appearing for the Case

Kenneth K. Kilbert, with him, Frank T. Guadagnino, Reed, Smith, Shaw & McClay, for appellant.

Ronald H. Pferdehirt, Assistant City Solicitor, with him, D. R. Pellegrini, City Solicitor, for appellee.

Argued March 13, 1986, before Judges CRAIG and MacPHAIL, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE CRAIG, May 6, 1986:

The Harsco Corporation appeals an order of the Court of Common Pleas of Allegheny County, which dismissed Harsco's post-trial motion and directed entry of judgment in favor of the City of Pittsburgh. Trial Judge SILVESTRI held that Harsco was not entitled to a tax refund1 because the business activity in which Harsco engages — the removal...

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