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BASILE v. H & R BLOCK, INC.

777 A.2d 95 (2001)

Sandra J. BASILE and Laura Clavin, individually and on behalf of all others similarly situated, Appellants, (at 565) 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. (at 710) Sandra J. Basile and Laura Clavin, individually and on behalf of all others similarly situated, Appellants, (at 856) 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, Appellees, Appeal of: H & R Block Eastern Tax Services Inc., Appellants. (at 711)

Superior Court of Pennsylvania.

Filed May 3, 2001.

Reargument Denied July 11, 2001.

Attorney(s) appearing for the Case

Steven E. Angstreich, Philadelphia, for Basile and Clavin.

Thomas L. Allen, Pittsburgh, for Mellon Bank.

N. Louise Ellingsworth, Kansas City, MO, for H & R Block.

Before JOHNSON, MONTEMURO, JJ., and CIRILLO, President Judge Emeritus.

JOHNSON, J.:

¶ 1 In this appeal we consider whether evidence produced by the parties in discovery is sufficient to demonstrate a confidential relationship between the plaintiff class of Pennsylvania taxpayers (Plaintiffs) and mass-market tax preparer H & R Block, Inc., and H & R Block Eastern Tax Services, Inc., (Block). See Pa.R.C.P. 1035.2(2). The trial court determined that the evidence was insufficient...

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