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SAMUELS v. SMOCK ET AL.

No. 2255 C.D. 1979.

54 Pa.Commw. 597 (1980)

Jack Gordon Samuels, as a Member of a Class Known as Upper Darby Township Police, Appellant v. Harvey Smock, Jack Felzer, J. Edmund Conroy, Louis Baldino and Peter Flamini, Appellees.

Commonwealth Court of Pennsylvania.

November 18, 1980.

Attorney(s) appearing for the Case

John G. McDougall, for appellant.

Alvin S. Ackerman, with him Robert J. Leitzell, for appellees.

Argued October 10, 1980, before Judges BLATT, CRAIG and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE BLATT, November 18, 1980:

The appellant, Jack Gordon Samuels, seeks review of an order of the Court of Common Pleas of Delaware County which denied class certification for his suit against the appellees, the trustees of the Upper Darby Police pension fund (trustees).

The appellant instituted litigation in March of 1977 alleging that the trustees had made unauthorized pension payments to certain retired policemen1

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