Pelelas v. Caterpillar Tractor Co.

LINDLEY, District Judge.

Plaintiff appeals from a judgment dismissing his second amended complaint' upon _ motion of defendant. Plaintiff termed his suit a “spurious” class action. Rules of Federal Procedure 23 (a) (3), 28 U.S.C.A. following section 723c. The District Court [30 F.Supp. 176] concluded that he had ’failed to state a valid claim and was not such a party as would “fairly insure the adequate representation of all” those constituting the 'alleged class, as required by Rule 23 (a). Upon appeal plaintiff questions the Soundness of each of these conclusions. .

Plaintiff, resident of the…