BAKSALARY v. SMITH

Civ. A. No. 76-429.

591 F.Supp. 1279 (1984)

Richard BAKSALARY, William Jones, Morris Tucker, and Charles Samuel, Individually and on behalf of all others similarly situated, Plaintiffs, v. Paul J. SMITH, C. John Urling, Jr., William J. Sheppard, Grace M. Sloan, the State Workmen's Insurance Fund, Pennsylvania Manufacturers' Association Insurance Company, American Mutual Liability Insurance Company, the School District of Philadelphia, Bituminous Casualty Corporation, and all other insurance carriers and/or self-insured employers similarly situated, Defendants.

United States District Court, E.D. Pennsylvania.

As Amended August 8, 1984.


Attorney(s) appearing for the Case

Harold I. Goodman, Community Legal Services, Inc., Philadelphia, Pa., for named plaintiffs.

James John Duralia, pro se, objecting claimant seeking treatment as member of plaintiff class.

Eleanor T. Filoon, pro se, objecting plaintiff.

Leroy S. Zimmerman, Atty. Gen., Debra K. Wallet, Deputy Atty. Gen., Harrisburg, Pa., for Commonwealth Defendants Smith, Urling, Sheppard and Sloan.

Lowell A. Reed, Jr., Patricia A. Mattern, Rawle & Henderson, Philadelphia, Pa., for Bituminous Casualty Corporation.

Christopher J. Pakuris, Philadelphia, Pa., for Pennsylvania Manufacturers' Association Insurance Company.

Robert G. Hanna, Jr., Philadelphia, Pa., for American Mutual Liability Insurance Company.

Michael Churchill, Robert H. Nottall, School District of Philadelphia Legal Department, Philadelphia, Pa., for School District of Philadelphia.

William C. Steppacher, Acting Deputy Chief Counsel, State Workmen's Insurance Fund, Department of Labor and Industry, Scranton, Pa., for State Workmen's Insurance Fund.

Joseph R. Thompson, Philadelphia, Pa., for Liberty Mutual Liability Insurance Company.

Richard D. Harburg, Swartz, Campbell & Detweiler, Philadelphia, Pa., objecting on behalf of himself, his law firm, and several members of the defendant class.

Joseph S. Bekelja, Margolis, Edelstein, Scherlis, Sarowitz & Kraemer, Philadelphia, Pa., for two dozen objecting members of the defendant class.

Steven M. Levin, Philadelphia, Pa., for Signa Insurance Company and its subsidiaries, an objecting member of the defendant class.

Thomas F. McDevitt, Philadelphia, Pa., for objecting member of defendant class Philadelphia Electric Company.

Jeffrey C. Hayes, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for objecting member of defendant class Aetna Surety and Casualty Company.

D.R. Pellegrini, City Sol., Thomas S. Giotto, Asst. City Sol., Pittsburgh, Pa., for objecting member of defendant class City of Pittsburgh.

Before ADAMS, Circuit Judge, and GREEN and POLLAK, District Judges.


OPINION

PER CURIAM.

I. INTRODUCTION

We have previously resolved the central constitutional issues in this case. Baksalary v. Smith, 579 F.Supp. 218 (E.D.Pa. 1984). We now address the question of what remedy our prior holdings require or permit. The named parties to this bilateral class action have submitted for approval a proposed consent decree which undertakes to resolve all but one of the remaining...

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