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CITY OF PHILADELPHIA v. B. AXE CO. ET AL.

No. 1342 C.D. 1977.

40 Pa.Commw. 257 (1979)

City of Philadelphia v. B. Axe Company, Samuel Alper and Isadore Dion. Samuel Alper, Appellant.

Commonwealth Court of Pennsylvania.

February 1, 1979.

Attorney(s) appearing for the Case

Michael J. Rutenberg, with him Rutenberg, Rutenberg, Rutenberg & Rutenberg, for appellant.

Stewart M. Weintraub, Deputy City Solicitor, with him Sheldon L. Albert, City Solicitor, and Beryl E. Hoffman, Deputy City Solicitor, for appellee, City of Philadelphia.

Alan Dion, with him David Durben & Associates, P.C., for appellee, Isadore S. Dion.

Argued September 28, 1978, before Judges CRUMLISH, JR., DISALLE and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, February 1, 1979:

City of Philadelphia (City) filed a complaint in equity against B. Axe Company (Company), Samuel Alper, Isadore Dion and Doris Dion requesting the Court of Common Pleas of Philadelphia County to: (1) enjoin the defendants from transferring any of their assets; (2) decree the defendants as trustees ex maleficio of wage taxes due the City and unpaid by the Company...

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