Pearlie M. Parker, Richard W. Bittinger, Wayne Stine and Leonard Spielman, on behalf of themselves and all others similarly situated, Petitioners
v.
Commonwealth of Pennsylvania, Department of Labor and Industry, and Harris L. Wofford, Jr., Secretary of Labor and Industry, and Knouse Foods Cooperative, Inc., Motts U.S.A., W. E. Bittinger Co., Inc., John F. Cope Co., Inc., Furman Foods, Inc., Benjamin Lipitz Co., Kresge Farm Foods, Inc., and Welch Foods, Inc., Respondents.
Commonwealth Court of Pennsylvania.https://leagle.com/images/logo.png
Argued June 8, 1987.
March 31, 1988.
Attorney(s) appearing for the Case
Donald Marritz, with him, Carolyn Carter and David Woodward, for petitioners.
Gregory R. Neuhauser, Senior Deputy Attorney General, with him, Andrew S. Gordon, Chief Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondent, Commonwealth of Pennsylvania, Department of Labor and Industry.
Alan R. Boynton, Jr., with him, John S. Oyler and H. Lee Roussel, McNees, Wallace & Nurick, for respondents, Knouse Foods Cooperative, Inc., Bittinger Co., Inc., John F. Cope Co., Inc., Furman Foods, Inc., Benjamin Lipitz Co., Kresge Farm Foods, Inc., and Welch Foods, Inc.
David F. Abernethy, with him, Kathryn H. Levering, Drinker, Biddle & Reath, for respondents, Cadbury Schweppes, Inc. and its Motts, U.S.A. division.
Argued June 8, 1987, before Judges MacPHAIL and BARRY, and Senior Judge BARBIERI, sitting as a panel of three.
Commonwealth Court of Pennsylvania.
OPINION BY JUDGE BARRY, March 31, 1988:
This is a class action within our original jurisdiction seeking a declaratory judgment on the constitutionality of Section 402.5 of the Unemployment Compensation Law,1 as well as an injunction against the further application of said statute. The petitioners are Pearlie M. Parker, Wayne Stine and Leonard Spielman, who bring this action on behalf...
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