MATTOON v. CITY OF NORMAN

No. 56435.

633 P.2d 735 (1981)

William H. MATTOON, for himself and all other persons of the class who are similarly situated, Appellant, v. The CITY OF NORMAN, Oklahoma, A Municipal Corporation, Appellee.

Supreme Court of Oklahoma.

As Corrected July 27, 1981.

Rehearing Denied September 15, 1981.


Attorney(s) appearing for the Case

Fielding D. Haas, Norman, for appellant.

Douglas Juergens, Norman, for appellee.


OPALA, Justice:

The question to be answered here is whether there was error in the trial court's refusal to certify this suit as a class action. We hold that a class-action status denial is deemed to rest on an adequate record when any one of the five requisites for class action certification under 12 O.S.Supp. 1979 § 13 appears to be absent. Measured by this test, we find the order under review free from error.

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