Legal Opinion

Cox v. City of Chester

Commonwealth Court of Pennsylvania

Decided August 19, 1983No. Appeal, 48 T.D. 1982PublishedCited by 6 opinions

1Opinion of the Court

Opinion by

Judge Craig,

Samuel Cox and Henrietta Adams1 (named plaintiffs) appeal from an order by the Court of Common Pleas of Delaware County denying their motion for class certification. We vacate that decision and remand for further proceedings consistent with this opinion.

We must decide if the common pleas court abused its discretion2 by (1) declaring that the named plain*448tiffs are not members of tbe class they purport to represent and by (2) deciding that the interests of tbe named plaintiffs cannot be aligned squarely with tbe interests of absent class members.

Tbe named plaintiffs filed a…

2Cases cited10 opinions

  1. United States v. W. T. Grant Co.Supreme Court of the United States · 1953
  2. Sosna v. IowaSupreme Court of the United States · 1975
  3. United States Parole Commission v. GeraghtySupreme Court of the United States · 1980
  4. Janicik v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1982
  5. Piel v. National Semiconductor Corp.District Court, E.D. Pennsylvania · 1980

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3Cited by6 opinions

  1. Stobaugh v. Norwegian Cruise Line Ltd., Texas Court of Appeals, 14th District (Houston)2003
  2. Bucci v. Cunard Line Ltd., Pennsylvania Court of Common Pleas, Philadelphia County1985
  3. McCarthy v. MizeCommonwealth Court of Pennsylvania · 1984
  4. Brown Estate v. Government Employees Insurance, Pennsylvania Court of Common Pleas, Lancaster County1986
  5. Cox v. City of ChesterCommonwealth Court of Pennsylvania · 1983

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