Commonwealth Court of Pennsylvania March 13, 1980, Appeal, No. 1640 C.D. 1978 (R. G. Johnson Co. v. Commonwealth)

Opinion by

Judge Wilkinson, Jr.,

Petitioner brings this appeal from the denial of a petition for refund from a sales and use tax assessment by the Department of Revenue. We reverse and remand for computation of the refund due.

Petitioner is in the business of sinking mine shafts and driving slopes for bituminous mining companies.