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LANCASTER LAB. v. BD. OF FIN. & REV.

534 Pa. 392 (1993)

633 A.2d 588

LANCASTER LABORATORIES, INC., Appellant at No. 61, v. COMMONWEALTH of Pennsylvania, BOARD OF FINANCE AND REVENUE, Appellant at No. 62.

Supreme Court of Pennsylvania.

Decided November 10, 1993.

Attorney(s) appearing for the Case

Russell J. Ober, Jr., Pittsburgh, for appellant at No. 61.

Bart J. DeLuca, Sr., Harrisburg, for appellant at No. 62.

Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY and MONTEMURO, JJ.

ORDER

PER CURIAM:

Order affirmed.

MONTEMURO, J., files a dissenting statement in which NIX, C.J., joins.

LARSEN, J., did not participate in the decision of this case.

MONTEMURO, Justice, dissenting.

I dissent from the conclusion that Lancaster's label-related testing does not qualify for the manufacturing exclusion.

It is reasoned that because such research as Lancaster performs is aimed at providing the client...

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