RSR Corp. v. Hayes

ALLEN, Justice.

This is an interlocutory appeal from an order determining that this case should be maintained as a class action under TEX.R. CIV.P. 42(b)(4) (Vernon 1979). In its only point of error, appellant, RSR Corporation, claims that the trial court abused its discretion in certifying this case as a class action. We agree, and therefore, we reverse and render.

Appellees brought suit individually and further sought to be recognized as representatives of a class of persons owning property within a two mile radius of RSR’s secondary lead smelter in West Dallas. In their suit against RSR, the…