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NON-RESIDENT TAX. ASS'N v. MUNICIPALITY OF PHILADELPHIA

Civ. A. No. 377-71.

341 F.Supp. 1139 (1971)

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.

Judgment Affirmed May 30, 1972.

Attorney(s) appearing for the Case

Ballen, Batoff & Laskin, by Lee B. Laskin, Camden, N. J., for plaintiffs.

Herbert I. Stern, U. S. Atty., Newark, N. J., 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.

Orlando & Orlando, by Samuel P. Orlando, Haddonfield, N. J., and Albert J. Persichetti, Deputy City Sol. for Municipality of Philadelphia, of counsel, for defendant Municipality.

Mario A. Iavicoli, for Speaker of New Jersey General Assembly, amicus curiae.

Judgment Affirmed May 30, 1972. See 92 S.Ct. 2061.

OPINION

COHEN, District Judge:

This attack upon taxes levied by the Municipality of Philadelphia and the Commonwealth of Pennsylvania, respectively, against non-residents employed therein was initiated with the convocation of a three-judge district court, pursuant to 28 U.S.C. § 2281. Under consideration before that statutory court were the Wage and Net Profits Tax

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