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SALORIO v. GLASER

82 N.J. 482 (1980)

414 A.2d 943

JOHN SALORIO, ROBERT COE AND JOHN D. McGARR, JR., PLAINTIFFS-APPELLANTS, v. SIDNEY GLASER, DIRECTOR OF THE DIVISION OF TAXATION, DEPARTMENT OF THE TREASURY OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 26, 1980.

Attorney(s) appearing for the Case

Adrian M. Foley, Jr., and Max Gitter a member of the New York Bar, argued the cause for the appellants (Connell, Foley & Geiser, attorneys; Max Gitter and Mark C. Morril members of the New York Bar and Adrian M. Foley, Jr., and Kevin J. Coakley, of counsel and on the briefs).

Stephen Skillman, Assistant Attorney General, argued the cause for the respondent (John J. Degnan, Attorney General of New Jersey, attorney; Stephen Skillman, Assistant Attorney General, Herbert K. Glickman and Joseph C. Small, Deputy Attorneys General, on the brief).

The opinion of the Court was delivered by PASHMAN, J.

I

This case presents for review the constitutionality of the Emergency Transportation Tax (ETT) Act, N.J.S.A. 54:8A-1 et seq.

Plaintiffs,1 three New York residents who commute or have commuted from their homes in New York to work in New Jersey, claim that since the ETT is paid solely by New York residents, it impermissibly discriminates against them in...

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