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SKALBANIA v. SIMMONS

No. 2-382A71.

443 N.E.2d 352 (1982)

Nelson SKALBANIA and Indianapolis Racers 1977, Inc., Appellants (Defendants below), and World Hockey Association, New England Whalers, Quebec Nordiques, Winnepeg Jets, Cincinnati Stingers, Edmonton Oilers, and Birmingham Bulls, Appellants (Defendants below), and Indianapolis Racers, Indianapolis Racers Limited, Hockey Management Inc., and Hockey World, Ltd., Non-Appealing Defendants, v. Al SIMMONS, Keith Marshall and Michael Kelly, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Second District.

Rehearing Denied April 18, 1983.

Attorney(s) appearing for the Case

William H. Stone, Columbus, Jones & Loveall, Franklin, for appellants Nelson Skalbania and Indianapolis Racers 1977, Inc.

William C. Barnard, Gordon L. Pittenger, Sommer & Barnard, Indianapolis, for appellants World Hockey Ass'n.

Robert F. Zoccola, Locke, Reynolds, Boyd & Weisell, Indianapolis, for appellees Al Simmons, Keith Marshall and Michael Kelly.

BUCHANAN, Chief Judge.

CASE SUMMARY

The Indianapolis Racers Hockey Team (Racers), its owner, Nelson Skalbania, the World Hockey Association, and its constituent hockey teams bring this interlocutory appeal from the certification of a class of plaintiffs consisting of 1978-79 Racers season ticket holders, arguing that the trial court abused its discretion in granting class certification because individual questions predominate over matters common to the class...

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