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BASILE v. H & R BLOCK, INC.

729 A.2d 574 (1999)

Sandra J. BASILE and Laura Clavin, Individually and on Behalf of All Others Similarly Situated, Appellants, v. H & R BLOCK, INC., H & R Block Eastern Tax Services, Inc. and Mellon Bank (DE) National Association, Appellees. Sandra J. Basile and Laura Clavin, Individually and on Behalf of All Others Similarly Situated, Appellees, v. H & R Block, Inc., H & R Block Eastern Tax Services, Inc. and Mellon Bank (DE) National Association. Appeal of H & R Block, Inc. and H & R Block Eastern Tax Services Inc., Appellants. Sandra J. Basile and Laura Clavin, Individually and on Behalf of All Others Similarly Situated, Appellants, v. H & R Block, Inc., H & R Block Eastern Tax Services, Inc. and Mellon Bank (DE) National Association, Appellees. Sandra J. Basile and Laura Clavin, Individually and on Behalf of All Others Similarly Situated, Appellees, v. H & R Block, Inc., H & R Block Eastern Tax Services, Inc. and Mellon Bank (DE) Association, Appellees. Appeal of H & R Block, Inc. and H & R Block Eastern Tax Services Inc., Appellants.

Superior Court of Pennsylvania.

Filed March 3, 1999.

Attorney(s) appearing for the Case

Steven E. Angstreich, Philadelphia, for Sandra J. Basile and Laura Clavin.

N. Louise Ellingsworth, Pro Hac Vice, Kansas City, MO, for H & R Block, Inc. and H & R Block Eastern Tax Services, Inc.

Thomas L. Allen, Pittsburgh, for Mellon Bank (DE) Nat. Ass'n.

Before JOHNSON, MONTEMURO, and CIRILLO, JJ.

JOHNSON, J.:

¶ 1 In this appeal, we determine the nature of the relationship between mass-market tax preparer H & R Block, Inc., and H & R Block Eastern Tax Services, Inc. (Block), and taxpayers who retained Block's services to file their tax returns under Block's Rapid Refund ®, service between 1990 and 1993. Plaintiffs contend, inter alia, that Block was their agent and/or fiduciary and owed them...

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