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McMONAGLE v. ALLSTATE INSURANCE CO.

227 Pa.Super. 205 (1974)

McMonagle, Appellant, v. Allstate Insurance Company.

Superior Court of Pennsylvania.

April 3, 1974.

Attorney(s) appearing for the Case

Joseph M. Zoffer, with him Martino, Ferris & Zoffer, for appellant.

Robert S. Grigsby, with him Thomas A. Matis, and Thomson, Rhodes & Grigsby, for appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, CERCONE, and SPAETH, JJ. (SPAULDING, J., absent.)

OPINION PER CURIAM, April 3, 1974:

Order affirmed.

OPINION BY JACOBS, J., IN SUPPORT OF 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.C.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...

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