46 Pa. Commw. 641 | Pa. Commw. Ct. | 1979
Lead Opinion
Memorandum Opinion by
In this cause of action petitioner law firm avers that it is counsel in the class action suit of Nagle v. Pennsylvania Insurance Department, No. 972 C.D. 1977, and here seeks an accounting of certain funds distributed “in accordance with the advice of counsel for the Rating Bureau of November 8, 1977” and for an order of this Court awarding petitioner 33 1/3% of the sum realized upon such accounting as reasonable attorneys fees in an asserted class action suit.
On even date herewith we are handing down our opinion and order in Nagle. As it pertains to a class action asserted against all the respondents therein and our disposition thereof, we incorporate that opinion and order into this opinion and order, and we sustain in this case the preliminary objections filed by respondent Commonwealth and its agencies.
Although not stated in separate counts, this petition for review appears to be one asserting a cause of
Judge MacPhail concurs in the result only.
Order
Now, October 26, 1979, the preliminary objections of the Pennsylvania Department of Insurance, the Pennsylvania Workmen’s Compensation Insurance Board and Fund are hereby sustained and the petition for review is dismissed as to said respondents.
As to the remaining respondents, these proceedings are hereby transferred to the Court of Common Pleas of Philadelphia County for further proceedings including disposition of outstanding preliminary objections of the remaining respondents.
Concurrence in Part
Concurring and Dissenting Opinion by
I dissent from that part of the majority’s decision sustaining, on grounds of sovereign immunity, the preliminary objections of the Pennsylvania Department