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BELL ATLANTIC MOBILE SYSTEMS, INC. v. COM.

845 A.2d 762 (2004)

BELL ATLANTIC MOBILE SYSTEMS, INC., Appellant, v. COMMONWEALTH of Pennsylvania, Appellee. Bell Atlantic Mobile Systems, Inc., Appellant, v. Commonwealth of Pennsylvania, Appellee.

Supreme Court of Pennsylvania.

Decided March 23, 2004.

Attorney(s) appearing for the Case

Sharon Rose Paxton, James Leland Fritz, Harrisburg, for AWACS, Inc.

D. Michael Fisher, Philadelphia, Karen M. Gard, Harrisburg, for Commonwealth of Pennsylvania.

Joseph C. Bright, Philadelphia, Kevin Jon Moody, Harrisburg, for Bell Atlantic Mobile Systems, Inc.

Before CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and LAMB, JJ.

Prior report: Pa.Cmwlth., 799 A.2d 902.

ORDER

PER CURIAM:

The Order of the Commonwealth Court is affirmed.

Justice LAMB did not participate in the decision of this case.

Justice SAYLOR files a dissenting statement.

Justice SAYLOR.

DISSENTING STATEMENT

However incongruous it may seem, the General Assembly had defined the term "tangible personal property," for sales...

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