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GLEN ALDEN COAL COMPANY v. STATE TAX EQUALIZATION BOARD (03/22/51)

THE SUPREME COURT OF PENNSYLVANIA


March 22, 1951

GLEN ALDEN COAL COMPANY, APPELLANT,
v.
STATE TAX EQUALIZATION BOARD

Appeal, No. 24, May T., 1951, from decree of Court of Common Pleas of Dauphin County, Commonwealth Docket, 1950, No. 174 and Equity Docket, No. 1944, in case of Glen Alden Coal Company v. John N. O'Neil et al., members of State Tax Equalization Board et al. Decree affirmed.

COUNSEL

Earl G. Harrison, with him, Arlin M. Adams, J. H. Oliver, William A. Schnader and Schnader, Harrison, Segal & Lewis, for appellant.

George W. Keitel, Deputy Attorney General, with him H. Albert Lehrman, Deputy Attorney General and Charles J. Margiotti, Attorney General, for appellees.

Before Drew, C.j., Stern, Stearne, Jones, Bell and Ladner, JJ.

[ 367 Pa. Page 70]

OPINION PER CURIAM

The decree of the court below is affirmed on the opinion of President Judge RICHARDS of the Dauphin County Orphans' Court, specially presiding. See, also, Newport Township School District v. State Tax Equalization Board, 366 Pa. 603, 79 A.2d 641.

Appellant to pay costs.

Disposition

The decree of the court below is affirmed on the opinion of President Judge RICHARDS of the Dauphin County Orphans' Court, specially presiding. See, also, Newport Township School District v. State Tax Equalization Board, 366 Pa. 603, 79 A.2d 641.

Appellant to pay costs.

STATEMENT OF CASE FOOTNOTES

1 Note: Since this opinion was prepared, the Procedural Rules Committee has submitted Recommendation No. 26, containing "Proposed Rules of Civil Procedure Governing The Action in Equity". Rule 1550 suspends Sections 1, 2, 3 and 4 of the Act of 1925, supra, except as to appeals. This would seem to indicate, that in the opinion of the Committee, the rules of civil procedure now promulgated by the Supreme Court are not applicable to actions in equity, and that the Act of 1925 is not suspended in equitable actions by the existing rules.

19510322

© 1998 VersusLaw Inc.



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