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PLUM BOROUGH SCHOOL DIST. v. COM.

860 A.2d 1155 (2004)

PLUM BOROUGH SCHOOL DISTRICT, Petitioner v. COMMONWEALTH of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

Decided October 29, 2004.

Attorney(s) appearing for the Case

Philip E. Cook, Jr., Pittsburgh, for petitioner.

Bart J. DeLuca, Jr., Harrisburg, for respondent.

BEFORE: PELLEGRINI, Judge, and LEADBETTER, Judge, and JIULIANTE, Senior Judge.

OPINION BY Judge PELLEGRINI.

Plum Borough School District (School District), acting as assignee of the rights of Thomas DiDiano & Sons, Inc. (DiDiano), appeals from an order of the Board of Finance and Review sustaining the Board of Appeals decision denying the School District's request for a refund in sales tax paid in error by DiDiano, its contractor for property furnished and installed at the Center Elementary School.

The parties have stipulated that...

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