Marks v. C.P. Chemical Co.

The sole question is whether the common pleas court abused its discretion in denying certification of a class action pursuant to *201Civ. R. 23. Since the Ohio rule is identical to Fed. R. Civ. P. 23, with the exception of Civ. R. 23(F) which is not involved in the discussion here, federal authority is an appropriate aid to interpretation of the Ohio rule. For the reasons set forth below this court holds the trial court did not abuse its discretion.

A trial judge has broad discretion in determining whether a class action may be maintained and that determination will not be disturbed absent a…