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COX ET AL. v. CITY OF CHESTER ET AL.

No. 48 T.D. 1982.

76 Pa.Commw. 446 (1983)

Samuel Cox et al., Appellants v. City of Chester et al., Appellees.

Commonwealth Court of Pennsylvania.

August 19, 1983.

Attorney(s) appearing for the Case

Mary Beth Seminario, with her, Margaret A. Lenzi, Dana M. Breslin and Ann S. Torregrossa, for appellants.

Leo A. Hackett, with him, Linda A. Cartisano, Francis P. Connors and James E. Del Bello, for appellees.

Argued June 8, 1983, before Judges WILLIAMS, JR., CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE CRAIG, August 19, 1983:

Samuel Cox and Henrietta Adams1 (named plaintiffs) appeal from an order by the Court of Common Pleas of Delaware County denying their motion for class certification. We vacate that decision and remand for further proceedings consistent with this opinion.

We must decide if the common pleas court abused its discretion2 by (1) declaring that the named plaintiffs...

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