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  5. 712 A.2d 817 (1998)
 

GLENN JOHNSTON, INC. v. COM.

712 A.2d 817 (1998)

GLENN JOHNSTON, INC., Petitioner, v. COMMONWEALTH of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

Decided May 28, 1998.

Attorney(s) appearing for the Case

Lloyd R. Persun, Harrisburg, for petitioner.

Thomas W. Bergen and Bart J. DeLuca, Jr., Harrisburg, for respondent.

Before DOYLE and KELLEY, JJ., and McCLOSKEY, Senior Judge

DOYLE, Judge.

Glen Johnston, Inc. (Johnston) appeals from an order of the Board of Finance and Revenue (Board) which affirmed the decision of the Board of Appeals, denying Johnston a refund of the sales tax paid on the purchase of tangible property for use in the construction of manholes, water mains, and sanitary sewers.

The relevant facts of the case have been stipulated by the parties pursuant to Pa. R.A.P. 1571(f). Johnston is a Pennsylvania corporation...

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