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D'AMELIO v. BLUE CROSS OF LEHIGH VALLEY

347 Pa.Super. 441 (1985)

500 A.2d 1137

Larry D'AMELIO, Individually and on Behalf of all other Persons Similarly Situated, Appellant, v. BLUE CROSS OF LEHIGH VALLEY, and St. Luke's Hospital, Individually and on Behalf of All Other Hospitals Similarly Situated, Appellees.

Supreme Court of Pennsylvania.

Filed October 11, 1985.

Reargument Denied December 12, 1985.

Attorney(s) appearing for the Case

Margaret H. Poswistilo, Thomas R. Elliott, Jr., Easton, for appellant.

William F. Brodt, Jr., Bethlehem, for St. Lukes, appellee.

Oldrich Foucek, III, Allentown, for Blue Cross, appellee.

Before CAVANAUGH, CIRILLO and JOHNSON, JJ.

CAVANAUGH, Judge:

This is an appeal from an order denying appellant/plaintiffs' motion for certification of a class action. The court below held that certification was not appropriate because plaintiffs failed to satisfy the commonality, typicality and adequacy of representation requisites for certification pursuant to Pa.R.C.P. 1702.1 We disagree and, therefore, reverse and remand...

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