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STEVENSON v. DEPT. OF REVENUE

Nos. 1986 C.D. 1977 and 18 C.D. 1978.

41 Pa.Commw. 618 (1979)

James Stevenson, Petitioner v. Commonwealth of Pennsylvania, Department of Revenue, Respondent. Tony Vespaziana, individually and as representative of a class of persons similarly situated, Petitioner v. Commonwealth of Pennsylvania, Department of Revenue and Board of Arbitration of Claims, Respondents.

Commonwealth Court of Pennsylvania.

April 11, 1979.

Attorney(s) appearing for the Case

Louise Reiber Malakoff and Kenneth L. Baker, with them, Daniel Berger; Berger, Kapetan & Malakoff; Reed B. Day; and Peacock, Keller, Yohe, Day & Ecker, for petitioners.

Elizabeth S. Shuster, Deputy Attorney General, with her Joseph W. McGuire, Deputy Attorney General, J. Justin Blewitt, Jr., Deputy Attorney General, Chief, Civil Litigation, and Robert P. Kane, Attorney General, for respondent.

Argued November 1, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and MacPHAIL. Judges DiSALLE and CRAIG did not participate.

OPINION BY JUDGE MacPHAIL, April 11, 1979:

James Stevenson and Tony Vespaziana (Petitioners) brought separate actions before the Board of Arbitration of Claims (Board)1 on their own behalf and on behalf of all other persons similarly situated against the Department of Revenue (Department). Specifically, both Petitioners alleged that they and those they claim to represent bought...

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