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FOGEL'S GARAGE v. PHILADELPHIA ET AL. (02/07/69)

decided: February 7, 1969.

FOGEL'S GARAGE, INC.
v.
PHILADELPHIA ET AL., APPELLANTS



Appeal from decree of Court of Common Pleas of Philadelphia County, Dec. T., 1968, No. 2172, in case of Fogel's Garage, Inc. et al. v. City of Philadelphia et al.

COUNSEL

Levy Anderson, First Deputy City Solicitor, with him Edward G. Bauer, Jr., City Solicitor, for appellants.

Arlin M. Adams, with him Ira P. Tiger, and Schnader, Harrison, Segal & Lewis, for appellees.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Opinion by Mr. Justice Jones. Mr. Justice Cohen and Mr. Justice Eagen dissent.

Author: Jones

[ 433 Pa. Page 405]

In view of our holding in Mastrangelo v. Buckley, 433 Pa. 352, 250 A.2d 447 (1969), decided this date enjoining, inter alia, the enforcement of Philadelphia City Council Bill No. 825 increasing the tax on outdoor parking lots from 10% to 20%, we need not consider the present appeal pressing additional arguments for the invalidity of that Bill. The appeal is, therefore, dismissed.

Appeal dismissed. Each party to pay own costs.

Disposition

Appeal dismissed.

19690207

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