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BABAC v. PA. MILK MARKETING BD.

531 Pa. 391 (1992)

613 A.2d 551

Robert BABAC and Anne Martin Criss, Appellees, v. PENNSYLVANIA MILK MARKETING BOARD, Appellant. Helen C. FINUCANE, Leila Finucane and Michael Finucane, Appellees, v. PENNSYLVANIA MILK MARKETING BOARD, Appellant.

Supreme Court of Pennsylvania.

Decided September 18, 1992.

Attorney(s) appearing for the Case

Daniel J. Doyle, Deputy Atty. Gen., for appellant.

Thomas J. Finucane, Chambersburg, for Finucane and Babac and Criss.

Allen C. Warshaw, Mechanicsburg, for Area 5 Milk Dealers.

Donn L. Synder, Harrisburg, for Pa. Food Merchants.

John J. Bell, Lemoyne, for Pa. Farmers Ass'n.

Donald F. Copeland, Norristown, for Atlantic Gary Corp.

Irv Ackelsberg, Philadelphia, for SEPA.

J. Jackson Eaton, III, Allentown, for SE PAMDA.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

CAPPY, Justice.

The question presented is one of first impression: whether participation of members of the Pennsylvania Milk Marketing Board (the "Board"), appellant, by telephone conference call using a speaker telephone in a meeting open to the public convened for the purpose of deliberating agency business or taking official action violates Section 274 of the Sunshine Act, 65 P.S. § 271 et seq.1

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