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SIMMONS ET AL. v. CITY OF PHILA.

Nos. 485 C.D. 1982 and 486 C.D. 1982.

80 Pa.Commw. 354 (1984)

James R. Simmons et al., Appellants v. City of Philadelphia, Appellee. Pat Abbatantuono et al., Appellants v. City of Philadelphia, Appellee.

Commonwealth Court of Pennsylvania.

February 21, 1984.

Attorney(s) appearing for the Case

Kenneth E. Aaron, for appellants.

Mark Aronchick, Acting City Solicitor, with him Theodore A. McKee, Deputy in Charge of Enforcement, Ellis Saull, Chief Assistant Solicitor, and William H. Wolf, Jr., Deputy City Solicitor, for appellee.

Submitted on briefs December 5, 1983, to Judges ROGERS, MacPHAIL and BARRY, sitting as a panel of three.

OPINION BY JUDGE ROGERS, February 21, 1984:

The City of Philadelphia brought actions in assumpsit against 958 nonresidents for delinquent wage taxes. All of the defendants were represented by one attorney, who filed an answer and new matter in their behalf asserting the following defenses: (1) that the assessments were either not made by the taxing authorities or if made, they were not received by the defendants; (2) that the defendants were entitled to a set-off...

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