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SMOLOW v. COM.

131 Pa.Commw. 276 (1990)

570 A.2d 112

Nan S. SMOLOW, Individually and on behalf of all other persons similarly situated, Petitioner, v. COMMONWEALTH of Pennsylvania, Office of the Secretary of the Commonwealth of Pennsylvania, Department of State and Commonwealth of Pennsylvania, Department of Revenue, Board of Appeals and Commonwealth of Pennsylvania, Treasury Department, Board of Finance and Revenue, Respondents.

Commonwealth Court of Pennsylvania.

Decided February 5, 1990.

Attorney(s) appearing for the Case

Ronald Jay Smolow, with him, Michael H. Landis, Trevose, for petitioner.

Ernest D. Preate, Jr., Atty. Gen., with him, Bryan E. Barbin, and Bartholemew J. DeLuca, Deputy Attys. Gen., for respondents.

Before DOYLE, J.

DOYLE, Judge.

Before us is a motion for class certification filed by Nan S. Smolow (Petitioner) in her own behalf and on behalf of all other persons similarly situated who have, it is alleged, overpaid Pennsylvania sales tax on the purchase of new motor vehicles where the manufacturers gave a cash rebate taken by the purchaser at the time of the sale. The motion is presented as an ancillary proceeding in an appeal from the Board of Finance and Revenue under Section...

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