OJALVO v. BD. OF TRUSTEES OF OHIO STATE UNIV.

No. 83-1500.

12 Ohio St. 3d 230 (1984)

OJALVO ET AL., APPELLANTS, v. BOARD OF TRUSTEES OF OHIO STATE UNIVERSITY, APPELLEE.

Supreme Court of Ohio.

Decided August 1, 1984.


Attorney(s) appearing for the Case

Messrs. Schwartz, Shapiro, Kelm & Warren, Mr. Russell A. Kelm and Ms. Melodee S. Kornacker, for appellants.

Mr. Anthony J. Celebrezze, Jr., attorney general, Messrs. Butler, Cincione, DiCuccio & Dritz and Mr. Alphonse P. Cincione, for appellee.

Mr. David L. Cleveland, urging reversal for amicus curiae, Consumers League of Ohio.


LOCHER, J.

The question before us is whether the Court of Claims abused its discretion in denying certification of a class action pursuant to Civ. R. 23(B)(3). For the reasons set forth below we hold that an abuse of discretion has occurred. Accordingly, we reverse the judgment of the court of appeals and remand for class certification.

I

The question of what constitutes an abuse of discretion has been examined by this court in numerous contexts...

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