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BELL v. BENEFICIAL CONS. DISCOUNT CO.

241 Pa.Super. 192 (1976)

360 A.2d 681

Edward J. BELL and Marie J. Bell, his wife, on behalf of themselves and all others similarly situated, Appellants, v. BENEFICIAL CONSUMER DISCOUNT COMPANY, a corporation.

Superior Court of Pennsylvania.

Decided June 28, 1976.

Attorney(s) appearing for the Case

James F. Israel, Gerald W. Weaver, Bagley, Weaver & Sydor, R. Kenneth Willman, Pittsburgh, for appellants.

J. Tomlinson Fort, Reed, Smith, Shaw & McClay, Pittsburgh, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, Van der VOORT, and SPAETH, JJ.

SPAETH, Judge:

This case is before us on remand from the Supreme Court to decide whether appellants have met the minimum requirements for maintaining a class action.

Appellants brought a class action pursuant to Pa.R.Civ. P. 2230, alleging that appellee had failed to record the satisfaction of mortgages as required by statute, and that it was therefore liable to pay the statutory penalty.1 Appellee, contending that the action was...

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