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BOROUGH OF ROCHESTER v. GEARY ET AL.

Nos. 21 T.D. and 1276 C.D. 1976.

30 Pa.Commw. 493 (1977)

Borough of Rochester v. Roberta Geary and Commonwealth of Pennsylvania. Commonwealth of Pennsylvania, Appellant. Borough of Rochester v. Roberta Geary, Appellant.

Commonwealth Court of Pennsylvania.

June 10, 1977.

Attorney(s) appearing for the Case

James P. O'Connell, with him Robert W. Lewis, Jr., for Roberta Geary.

Patricia G. Miller, with her Michael Louik, Assistant Attorney General, and Robert P. Kane, Attorney General, for Commonwealth.

J. Frank Kelker, for Borough of Rochester.

Argued May 4, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, JR., June 10, 1977:

These consolidated appeals present the question of whether or not appellant,1 a mother with two children, whose sole source of income is public assistance, either has a statutory right under Section 37 of the Local Tax Collection Law, Act of May 25, 1945, P.L. 1050, as amended, 72 P.S. § 5511.37, to be exonerated from her 1974 per capita tax, as assessed by appellee or a right...

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