ARMSTRONG v. MARATHON OIL CO.

No. 5-83-12.

14 Ohio App. 3d 46 (1984)

ARMSTRONG ET AL., APPELLANTS, v. MARATHON OIL COMPANY, APPELLEE.

Court of Appeals of Ohio, Hancock County.

Decided March 7, 1984.


Attorney(s) appearing for the Case

Messrs. Guren, Merritt, Feibel, Sogg & Cohen, Mr. Michael S. McMahon, Ms. Lynn F. Ondrey, Mr. Kenneth G. Weinberg, Messrs. Weasel & Brimley and Mr. John F. Kostyo, for appellants.

Messrs. Rakestraw & Rakestraw, Mr. Russell E. Rakestraw, Messrs. Jones, Day, Reavis & Pogue, Mr. John L. Strauch and Mr. Robert R. Weller, for appellee.


WHITESIDE, J.

This is an appeal by plaintiffs, Frances A. Armstrong et al., from a judgment of the Hancock County Court of Common Pleas, denying plaintiffs' motion to maintain this action as a class action and dismissing count II of the amended petition. In support of the appeal, plaintiffs raise two assignments of error, as follows:

"1. The Trial Court erred as a matter of law in holding that class action treatment under Rule 23 of the Ohio Rules of Civil...

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