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MURRAY et ux. v. PHILADELPHIA et al.

363 Pa. 524 (1950)

Murray et ux. v. Philadelphia et al., Appellants.

Supreme Court of Pennsylvania.

January 3, 1950.

Attorney(s) appearing for the Case

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

Albert Barnes Zink, with him George F. Shinehouse, Jr., for appellees.

Robert Dechert, with him Francis L. Van Dusen and Barnes, Dechert, Price & Myers, for Corporate Fiduciaries Association of Philadelphia, under Rule 61.

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

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

OPINION BY MR. JUSTICE LINN, January 3, 1950:

This appeal by the city involves the application of the ordinance considered in Breitinger v. Philadelphia, argued immediately before this case, 363 Pa. 512, 70 A.2d 640. The plaintiffs, husband and wife, filed their bill to restrain the collection of taxes on income received from certain transactions, contending that only earned income, as...

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