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UNITED STATES v. CITY OF PITTSBURGH

No. 84-3353.

757 F.2d 43 (1985)

UNITED STATES of America and Jordan Lilienthal, Appellees, v. CITY OF PITTSBURGH, a municipal corporation and Stephen A. Schillo, Treasurer of the City of Pittsburgh, Appellants.

United States Court of Appeals, Third Circuit.

Decided March 5, 1985.

Rehearing Denied May 6, 1985.

Attorney(s) appearing for the Case

D.R. Pellegrini, City Sol., City of Pittsburgh, Marvin A. Fein (argued), Deputy City Sol., Dept. of Law, Pittsburgh, Pa., for appellants.

Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Jonathan S. Cohen, Kenneth L. Greene (argued), U.S. Dept. of Justice, Tax Div., Washington, D.C., J. Alan Johnson, U.S. Atty., Constance M. Bowden, Asst. U.S. Atty., Pittsburgh, Pa., for appellees.

Before SEITZ, GIBBONS and SLOVITER, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

The defendants, the City of Pittsburgh and its treasurer Stephen Schillo (collectively the "City"), appeal from an order granting summary judgment in favor of the plaintiffs, the United States and Jordan Lilienthal. 589 F.Supp. 179. The order declared that Jordan Lilienthal, a federal court reporter, was not subject to the City's business privilege tax. Subject matter jurisdiction...

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