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BURKS v. WYMER

No. 15336.

307 S.E.2d 647 (1983)

Mrs. Thomas BURKS, et al. v. Bill O. WYMER, etc., et al.

Supreme Court of Appeals of West Virginia.

Rehearing Denied October 20, 1983.

Attorney(s) appearing for the Case

Douglas Miller, Charleston, for appellants.

Michael Bonasso, Kay, Casto & Chaney, Charleston, for appellees.

McHUGH, Justice:

Appellant, Mrs. Thomas Burks, appeals from a March 7, 1979 order of the Circuit Court of Kanawha County denying appellant's motion to proceed by class action.1 This appeal presents the novel issue of whether mass tort class actions can be maintained under W.Va.R.Civ.P. 23. Federal and state courts have recognized that certain tort actions may be properly maintained as class actions, and have developed factors for...

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