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SPECTOR MOTOR SERVICE v. MESSNER (11/17/53)

THE SUPREME COURT OF PENNSYLVANIA


November 17, 1953

SPECTOR MOTOR SERVICE, INC., APPELLANT,
v.
MESSNER

Appeal, No. 29, May T., 1953, from decree of Court of Common Pleas of Dauphin County, 1953, Equity Docket, No. 2060, Commonwealth Docket No. 31, in case of Spector Motor Service, Inc. v. Otto F. Messner, Secretary, Department of Revenue and Weldon B. Heyburn, Auditor General. Decree affirmed; reargument refused December 30, 1953.

COUNSEL

J. Harry LaBrum, with him James M. Marsh and Conlen, LaBrum & Beechwood, for appellant.

Harry F. Stambaugh, Special Counsel, with him Robert E. Woodside, Attorney General, for appellees.

Before Stern, C.j., Stearne, Jones, Chidsey and Musmanno, JJ.

[ 375 Pa. Page 473]

OPINION PER CURIAM

Spector Motor Service, Inc., a foreign corporation engaged in an interstate trucking business, contends that the Act of June 22, 1931, P.L. 694, as amended by the Act of December 27, 1951, P.L. 1761, 72 PS ยง 2185 et seq., is constitutional as applied to it for

[ 375 Pa. Page 474]

    all of the reasons which were alleged by Shirks Motor Express Corporation and Interstate Motor Freight System, Inc., in similar proceedings and appeals at No. 22 May Term, 1953 and at No. 25 May Term, 1953, respectively. The three appeals were heard by us at the same sitting. This appellant makes no argument or contention which differs from those presented and considered by us in the companion Shirks and Interstate cases, opinion and order in which were this day filed. For the reasons stated in those cases, the decree of the court below is affirmed at the cost of appellant.

Disposition

For the reasons stated in those cases, the decree of the court below is affirmed at the cost of appellant.

19531117

© 1998 VersusLaw Inc.



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