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MYERS ET AL. v. DEPT. OF REVENUE.

No. 668 C.D. 1980.

55 Pa.Commw. 509 (1980)

Dan Maurice Myers and Barbara Jean Myers, Petitioners v. Commonwealth of Pennsylvania, Department of Revenue, Respondent.

Commonwealth Court of Pennsylvania.

December 22, 1980.

Attorney(s) appearing for the Case

Gordon A. Roe, Kain, Brown & Roberts, for petitioners.

Christos A. Katsaounis, Assistant Attorney General, with him Elisabeth S. Shuster and Allan C. Warshaw, Deputy Attorneys General, for respondent.

Argued September 11, 1980, before Judges BLATT, CRAIG and MacPHALI, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, December 22, 1980:

In this action, addressed to our original jurisdiction, Dan Maurice and Barbara Jean Myers (Petitioners) seek a declaratory judgment as to the constitutionality of Section 339 of the Tax Reform Code of 1971 (Tax Code),1 Act of March 4, 1971, P.L. 6, added by, Act of August 31, 1971, P.L. 362, 72 P.S. § 7339. The declaratory...

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