McMonagle v. Allstate Insurance

Opinion

Per Curiam,

Order affirmed.

Opinion by Jacobs, J., In Support op the Order Per Curiam:

I would affirm the dismissal by the lower court of appellant’s class action on the basis that it did not abuse its discretion in dismissing the class action.

It is clear that Pa. R. O. P. 2230(a), which authorizes the commencement of class actions, was based upon Rule 23(a) of the Federal Rules of Civil Procedure. The note to Pa. R. C. P. 2230(a) discloses that “[tjhis subdivision adopts the practice under . . . F.R.C.P. No. 23(a)____” In 1966, Fed. R. Civ. P. 23 was substantially changed. In my opinion…