MURRAY et ux. v. PHILADELPHIA et al.


364 Pa. 157 (1950)

Murray et ux. v. Philadelphia et al.

Supreme Court of Pennsylvania.

February 14, 1950.


Attorney(s) appearing for the Case

Albert Barnes Zink, with him George F. Shinehouse, Jr., for plaintiffs and interveners.

Abraham Wernick, Assistant City Solicitor, with him Frank F. Truscott, City Solicitor, for defendants.

J. Harry LaBrum, with him Lewis Weinstock and Conlen, LaBrum & Beechwood, for Chamber of Commerce of Philadelphia, amicus curiæ.

Charles J. Biddle, with him Leslie M. Swope, David J. Smyth, Townsend, Elliott & Munson and Pepper, Bodine, Stokes & Hamilton, for Philadelphia Saving Fund Society et al., interveners.

Leslie M. Swope, Henry S. Drinker, Howard H. Yocum and Robert M. Blair-Smith, for Investment Bankers Association et al., interveners.

Robert Dechert, with him Francis L. Van Dusen, Carroll R. Wetzel and Barnes, Dechert, Price, Myers & Clark, for Corporate Fiduciaries Association of Philadelphia, amicus curiæ.

Floyd W. Tompkins, with him James P. Schellenger, for Associated Hospital Service Employees Credit Union, intervener.

Before MAXEY, C.J., LINN, STERN, STEARNE and JONES, JJ.


OPINION BY MR. JUSTICE LINN, February 14, 1950:

We took original jurisdiction of two bills in equity filed against the City of Philadelphia and certain officers of the city praying for decrees restraining threatened enforcement of a revenue ordinance approved December 13, 1939, as amended by an ordinance approved December 9, 1949, imposing income taxes and providing for their collection. The plaintiffs denied the power of...

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