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LILIAN ET AL. v. COMMONWEALTH OF PA. ET AL.

No. 233 C.D. 1973.

11 Pa.Commw. 90 (1973)

Eric L. Lilian and Judith Lilian, His Wife, et al., Plaintiffs, v. Commonwealth of Pennsylvania and Robert Kane, Secretary of Revenue, Defendants.

Commonwealth Court of Pennsylvania.

November 13, 1973.

Attorney(s) appearing for the Case

Paul D. Sulman, with him Eric L. Lilian, for plaintiffs.

Edward T. Baker, Deputy Attorney General, for defendants.

Argued September 5, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE CRUMLISH, JR., November 13, 1973:

Plaintiffs have filed this Complaint in Equity against the Commonwealth of Pennsylvania and Robert Kane, Secretary of Revenue, to compel Defendant Kane to account and pay to Plaintiffs, and the class they allegedly represent, that portion of the Pennsylvania Sales Tax attributable to the Federal Manufacturers' Excise Tax which was retroactively repealed and rebated on new automobiles and trucks purchased in Pennsylvania...

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