Legal Opinion

Warren's Petition

Pennsylvania Court of Common Pleas, Dauphin County

Decided May 7, 1934Published

1Opinion of the Court

Hargest, P. J.,

The petitioner represents that he is a registered pharmacist and has been such since October 24, 1922; that he conducts a drug store in the City of Philadelphia, where he has been compounding and dispensing prescriptions of duly licensed physicians; that the Secretary of Revenue, interpreting the Emergency Relief Sales Tax Act of August 19,1932, P. L. 92, 72 PS §3282, threatens to impose a tax upon him which he avers is illegal because the compounding and dispensing of physicians’ prescriptions is a professional service and not a “sale” by a “vendor”, as those terms are used in…

2Cases cited17 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Truax v. RaichSupreme Court of the United States · 1915
  3. Prentis v. Atlantic Coast Line Co.Supreme Court of the United States · 1908
  4. Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
  5. Greene v. Louisville & Interurban RailroadSupreme Court of the United States · 1917

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