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MURTAGH v. COUNTY OF BERKS

535 Pa. 50 (1993)

634 A.2d 179

Merry J. MURTAGH, Spencer Lee Cherashore, Frederick Murtagh et al., Appellants, v. COUNTY OF BERKS, et al., Appellees.

Supreme Court of Pennsylvania.

Decided November 10, 1993.

Attorney(s) appearing for the Case

Richard D. Adamson, Adamson & Kennedy, Kutztown, Robert A. Swift, Denis F. Sheils, Kohn, Nast & Graf, P.C., Philadelphia, for appellants.

Stephen G. Rhoads, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Daniel B. Huyett, E. Thomas Henefer, Stevens & Lee, Reading, Donald E. Wieand, Jr., Robert J. Hobaugh, Jr., Weaver, Mosebach, Piosa, Hixson & Marles, P.C., Allentown, Joseph C. Mossop, Frumkin, Shralow & Cerullo, Pottsville, David M. Kozloff, Kozloff, Diener, Payne & Fegley, Wyomissing, for appellees.

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

FLAHERTY, Justice.

Merry J. Murtagh and other taxpayers appeal an order of Commonwealth Court reversing an order of the Court of Common Pleas of Berks County and remanding with instructions to dismiss the action for lack of subject matter jurisdiction. 144 Pa.Cmwlth. 624, 601 A.2d 1352. The trial court had concluded that it had subject matter jurisdiction over a class action brought by the taxpayers against the County of Berks and...

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