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HANEK v. CITIES OF CLAIRTON, ET AL.

Nos. 1051 C.D. 1974 and 221 C.D. 1975.

24 Pa.Commw. 69 (1976)

Fred Hanek, Appellant v. The Cities of Clairton et al., Appellees. Benjamin Lustman, Individually and as representative of Members of a Class and City of Pittsburgh v. West Mifflin Borough, a Municipal Corporation, and Joseph W. Schiek, Tax Collector of West Mifflin Borough, Appellants.

Commonwealth Court of Pennsylvania.

March 16, 1976.

Attorney(s) appearing for the Case

Franklyn E. Conflenti, with him David R. Cashman, and Cauley, Birsic & Conflenti, for appellant, Hanek.

Lee A. Donaldson, Jr., with him James M. McElfish, Richard G. Zeleznik and Bresci R.P. Leonard, for appellants-appellees, West Mifflin Borough, et al.

Grace S. Harris, Assistant City Solicitor, with her Mead J. Mulvihill, Jr., City Solicitor, for appellee, City of Pittsburgh.

Willard R. Crout, for appellees, Lustman, et al.

Argued October 28, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, March 16, 1976:

Immediately prior to January 1, 1973, Fred Hanek (Hanek) and Benjamin Lustman (Lustman), residents of Pittsburgh employed within the neighboring municipalities of Neville Township (Township) and West Mifflin Borough (Borough), respectively, were within the classes of taxpayers subject to the following taxes on wages:

(1) the 1% Pittsburgh City wage tax, imposed pursuant to the authority contained within The...

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