NON-RESIDENT TAXPAYERS ASSOCIATION, a corporation on behalf of itself, its members and other persons who have been and will be similarly situated in the same class and classes of persons, et al., Plaintiffs,
v.
The MUNICIPALITY OF PHILADELPHIA et al., Defendants.
United States District Court, D. New Jersey.https://leagle.com/images/logo.png
December 29, 1971.
Judgment Affirmed May 30, 1972.
Attorney(s) appearing for the Case
Ballen, Batoff & Laskin, by Lee B. Laskin, Camden, N. J., for plaintiffs.
Orlando & Orlando, by Samuel P. Orlando, Haddonfield, N. J., and Albert J. Persichetti, Deputy City Sol. of Municipality of Philadelphia, of counsel, for defendant Municipality.
DuBois, Maiale & DuBois, by Josiah E. DuBois, Jr., Camden, N. J., J. Shane Creamer, Atty. Gen., of counsel, and Israel Packel, Sp. Asst. Atty. Gen., respectively for defendants Commonwealth and Honorable Milton Shapp, Governor.
Herbert I. Stern, U. S. Atty., by Joseph Audino, Asst. U. S. Atty., Camden, N. J., for defendants United States Government, George Schultz, Director of Office of Management and Budget and John Chafee, Secretary of Navy.
Mario A. Iavicoli, for Speaker of General Assembly of State of New Jersey, Maressa, Console & Iavicoli, Berlin, N. J., amicus curiae.
Before ADAMS, Circuit Judge, and COHEN and KITCHEN, District Judges.
United States District Court, D. New Jersey.
Judgment Affirmed May 30, 1972. See 92 S.Ct. 2061.
OPINION
COHEN, District Judge:
Once again, taxes both of the Municipality of Philadelphia and the Commonwealth of Pennsylvania, respectively, are under attack.1 Presently, we are confronted with a class action by plaintiffs, the Non-Resident Taxpayers Association, a New Jersey corporation, for itself and on behalf of those non-resident wage earners who commute daily to...
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