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WALLACE AND GALE COMPANY v. COMMONWEALTH PENNSYLVANIA (06/12/80)

SUPREME COURT OF PENNSYLVANIA


decided: June 12, 1980.

WALLACE AND GALE COMPANY, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, APPELLEE

Appeal No. 29 May Term 1979, from the Order of the Commonwealth Court, 257 C.D.1979, dismissing Petition for Review of Determination of the Board of Finance and Revenue.

COUNSEL

Frederick D. Giles, Harrisburg, for appellant.

Edward G. Biester, Jr., Atty. Gen., Robert Patrick Coyne, Deputy Atty. Gen., for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Larsen, Flaherty and Kauffman, JJ.

Author: Per Curiam

[ 490 Pa. Page 167]

OPINION

This is an appeal from an order of the Commonwealth Court quashing a petition for review of an order of the Board of Finance and Revenue.

Accepting that the petition was deficient as to form and detail, we are persuaded the Commonwealth Court abused its discretion in not granting the motion to amend the petition.

[ 490 Pa. Page 168]

The order of the Commonwealth Court is vacated, and the record is remanded with directions to grant appellant's motion to amend.

19800612

© 1998 VersusLaw Inc.



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