HOME FEDERAL SAVINGS & LOAN ASS'N v. PLEASANTS

No. 2 CA-CIV 1723.

23 Ariz. App. 467 (1975)

534 P.2d 275

HOME FEDERAL SAVINGS & LOAN ASSOCIATION, formerly known as Tucson Federal Savings & Loan Association, an Arizona Corporation, Appellant, v. Theodore S. PLEASANTS, a single man, on behalf of himself and all other persons similarly situated, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 4, 1975.

Review Denied September 18, 1975.


Attorney(s) appearing for the Case

Robertson, Molloy, Fickett & Jones, P.C., by Michael J. Meehan, Tucson, for appellant.

DeConcini, McDonald & Brammer, P.C., by John W. Lovell, Tucson, for appellee.


OPINION

HATHAWAY, Judge.

This appeal challenges the propriety of a superior court order permitting appellee to proceed with a class action. The thrust of appellant's attack on the ruling is that the "predominance" requirement of Rule 23(b)(3), Rules of Civil Procedure, 16 A.R.S., was not satisfied and therefore a class action was precluded.

The pertinent allegations of appellee's complaint are that the action was brought on his behalf and on behalf...

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