Opinion
July 23, 1976.
Appeal, Nos. 1763, 1764 and 1765 C.D. 1973, from the Orders of the Court of Common Pleas of Philadelphia County in cases of The School District of Philadelphia v. W. T. Grant Corporation, No. 2038 January Term, 1971; The School District of Philadelphia v. The Southland Corporation, No. 2608 May Term, 1970; and The School District of Philadelphia v. Penn Fruit Company, No. 3826 October Term, 1970.
Taxpayers appealed delinquency assessments to the Court of Common Pleas of Philadelphia County. Motions of taxing authority for summary judgment denied. Motions of taxpayer for summary judgment granted. HIRSH, J. Taxing authority appealed to the Commonwealth Court of Pennsylvania. Reversed. Petition for reargument filed and denied. ( 19 Pa. Commw. 402) Petition by appellants to withdraw appeals and to request withdrawal of opinion. Held: Petition granted. Appeals withdrawn. Opinion stricken.
Robert T. Lear, Assistant Counsel, with him Edward B. Soken, General Counsel, for appellant.
Robert R. Batt, with him Louis W. Ricker and, of counsel, Ballard, Spahr, Andrews Ingersoll, for appellee, W. T. Grant Corporation.
Gordon W. Gerber, with him P. J. DiQuinzio and Dechert, Price Rhoads, for appellee, The Southland Corporation.
Ralph S. Snyder, with him Ralph G. Wellington and Schnader, Harrison, Segal Lewis, for appellee, Penn Fruit Company.
ORDER
NOW, July 23, 1976, the above captioned appeals having been remanded to this Court by the Supreme Court of Pennsylvania in order to permit the School District of Philadelphia to petition this Court for leave to withdraw its prior appeals and to request this Court to withdraw its opinion of June 2, 1975, and the School District of Philadelphia having so petitioned this Court; and there being no objection from the appellees, W. T. Grant Corporation, The Southland Corporation and Penn Fruit Company, it is hereby ordered that:
1. The petition of the School District of Philadelphia be and hereby is granted and the above captioned appeals from the order of the Court of Common Pleas of Philadelphia County be and hereby are withdrawn; and
2. The opinion of this Court in the above captioned appeals, filed June 2, 1975, be and hereby is withdrawn and the Prothonotary is directed to strike the said opinion from the records of this Court.