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WILKES-BARRE APPEAL

208 Pa.Super. 424 (1966)

Wilkes-Barre Appeal.

Superior Court of Pennsylvania.

September 15, 1966.

Attorney(s) appearing for the Case

James W. McNulty, with him Thomas J. Foley, George L. Fenner, Jr., City Solicitor, and Rosser, McDonald, Marcus & Foley, for City, appellant.

Bernard J. Hendrzak, with him James Lenahan Brown, for appellees.

Arthur Silverblatt, with him Howard A. Berman and Samuel Nelson, for appellees.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.

OPINION BY HOFFMAN, J., September 15, 1966:

This is an appeal from an order of the Court of Quarter Sessions of Luzerne County declaring invalid an earned income tax ordinance of the City of Wilkes-Barre on the grounds that:

(1) the ordinance was adopted on January 10, 1966, under the Act of June 25, 1947, P.L. 1145, as amended, 53 P.S. § 6851 et seq., which was specifically repealed by the General Assembly on January 1, 1966; and

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