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HALLER v. COM., DEPT. OF REVENUE

728 A.2d 351 (1999)

Henry HALLER, Felice Newman and Steve Zupcic, Individuals, Appellees, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF REVENUE, and Robert A. Judge, Sr., Secretary of the Department of Revenue, in his official capacity, Appellants.

Supreme Court of Pennsylvania.

Decided April 21, 1999.

Attorney(s) appearing for the Case

Gregory R. Neuhauser, Sr., Dep. Atty. Gen., John G. Knorr, III, Chief Dep. Atty. Gen., for Dept. of Revenue et al.

David J. Millstein, Witold J. Walczak, cocounsel, Pittsburgh, Haller Newman and Zupic.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

NEWMAN, Justice.

This case presents a constitutional challenge to Pennsylvania's sales tax exemption for "the sale at retail or use of religious publications sold by religious groups and Bibles and religious articles."1 We affirm the Commonwealth Court's determination that this tax exemption violates the Establishment Clause of the United States Constitution.2

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