LILIAN v. COMMONWEALTH


467 Pa. 15 (1976)

354 A.2d 250

Eric L. LILIAN and Judith Lilian, and the Class they Represent, Appellants, v. COMMONWEALTH of Pennsylvania and Robert Kane, Secretary of Revenue.

Supreme Court of Pennsylvania.

Decided March 17, 1976.


Attorney(s) appearing for the Case

Eric L. Lilian, Paul D. Sulman, Philadelphia, for appellants.

Guy J. DePasquale, Asst. Atty. Gen., Harrisburg, for appellees.

Before JONES, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION OF THE COURT

POMEROY, Justice.

This appeal presents the question whether a class action may be maintained when there exists an adequate administrative remedy. We answer in the negative, and will affirm.

The case at bar was commenced by the filing of a complaint in equity in the Commonwealth Court1 by the named plaintiffs, Eric L. Lilian and Judith Lilian, his wife, on behalf of themselves and others similarly...

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