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SILVER ET AL. v. RIZZO ET AL.

No. 706 C.D. 1977.

39 Pa.Commw. 117 (1978)

Edward Silver, Individually, and Paul Pavlides, Individually, and as Trustee Ad Litem of the Non-Residents Taxpayers Association of Pennsylvania and New Jersey, and others similarly situated, Appellants v. Frank L. Rizzo, Mayor of the City of Philadelphia, and Lennox Moak, Director of Finance, and Charles E. Dorfman, Revenue Commissioner, Appellees.

Commonwealth Court of Pennsylvania.

December 7, 1978.

Attorney(s) appearing for the Case

Kenneth E. Aaron, with him Casper & Davidson, P.C., for appellants.

Stewart M. Weintraub, Assistant City Solicitor, with him John M. McNally, Jr., First Deputy City Solicitor, and Sheldon L. Albert, City Solicitor, for appellees.

Argued September 26, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS, BLATT, DiSALLE and MacPHAIL. Judges MENCER and CRAIG did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, December 7, 1978:

Appellants, individually and as trustee ad litem of the Non-Residents Taxpayers Association of Pennsylvania and New Jersey (hereinafter Taxpayers) have appealed from a final adjudication and order of the lower court granting the motion of the appellee city officials (hereinafter City) for summary judgment and dismissing their complaint.

Taxpayers instituted this suit by requesting of the lower court a preliminary...

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