VESPAZIANI v. DEPT. OF REVENUE

No. 1709 C.D. 1977.

40 Pa.Commw. 54 (1979)

Tony Vespaziani, individually and as representative of a class of persons similarly situated, Petitioner v. Commonwealth of Pennsylvania, Department of Revenue, Respondent.

Commonwealth Court of Pennsylvania.

January 19, 1979.


Attorney(s) appearing for the Case

Louise R. Malakoff, with her Daniel M. Berger, and Berger, Kapetan & Malakoff, for petitioner.

Raymond Kleiman, Deputy Attorney General, with him Joseph W. McGuire, Deputy Attorney General, for respondent.

Argued September 14, 1978, before Judges MENCER, DISALLE and MacPHAIL, sitting as a panel of three.


OPINION BY JUDGE MENCER, January 19, 1979:

Tony Vespaziani commenced this action in equity in August 1977, invoking this Court's original jurisdiction. He seeks to compel the Department of Revenue (Department) to provide him with a 27-foot Winnebago motor home, pursuant to an alleged contractual obligation arising out of the Big Fifty Bonus lottery conducted by the Bureau of State Lotteries of the Department of Revenue. This action was filed as a class action on behalf...

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