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BRONSTEIN v. SHEPPARD ET AL.

No. 2693 C.D. 1978.

50 Pa.Commw. 199 (1980)

Ellen Bronstein, Individually and as Representative of a Class, Petitioner v. William J. Sheppard, Pennsylvania Insurance Commissioner, and Massachusetts Indemnity and Life Insurance Company, in its own right and as Representative of a Class, Respondents.

Commonwealth Court of Pennsylvania.

March 19, 1980.

Attorney(s) appearing for the Case

Michael Brodie, of Pechner, Dorfman, Wolffe, Rounick & Cabot, for petitioner.

Hannah Leavitt, Assistant Attorney General, with her William H. Lowery, Kathryn D. Portner, John F. Smith, III, James R. Farley, Assistant Attorneys General, and Edward G. Biester, Jr., Attorney General, for respondents.

Argued November 14, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER and ROGERS. Judges BLATT, DiSALLE, CRAIG and MacPHAIL did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, March 19, 1980:

Invoking our original jurisdiction pursuant to Section 761 of the Judicial Code (Code), 42 Pa. C.S. § 761, Ellen Bronstein (petitioner), by petition for review characterized as one in the nature of a complaint in equity attacks the use by Massachusetts Indemnity and Life Insurance Company (Massachusetts) of sex as a basis for determining premiums for life insurance. Petitioner alleges that Massachusetts and the...

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