City of New York v. International Pipe & Ceramics Corp.

RYAN, District Judge.

Defendant KERR CONCRETE PIPE COMPANY (KERR) has moved for an order under F.R.Civ.P. 23(c) (1) determining that this action may not be maintained as a class action. All of the defendants have joined in this motion; none seek the protection of Rule 23(c) (2) as amended, which provides that a judgment in a class action binds all those in the described class “who have not requested exclusion, and whom the court finds to be members of the class.”

Plaintiff, THE CITY OF NEW YORK, and all of the intervening plaintiffs oppose this motion. They ask that affirmative relief be…