FLETCHER v. CAPE COD GAS CO.


394 Mass. 595 (1985)

477 N.E.2d 116

BETH E. FLETCHER & others vs. CAPE COD GAS COMPANY & another.

Supreme Judicial Court of Massachusetts, Barnstable.

April 18, 1985.


Attorney(s) appearing for the Case

Paul J. Driscoll (Neal Quenzer with him) for Beth E. Fletcher & others.

Scott P. Lewis (Molly H. Sherden with him) for Cape Cod Gas Company.

Andre A. Sansoucy (Richard L. Neumeier & Richard E. Powers with him) for MEAK, Inc.

Present: HENNESSEY, C.J., WILKINS, LIACOS, NOLAN, & O'CONNOR, JJ.


NOLAN, J.

The questions before us arise out of litigation related to the installation of urea-formaldehyde foamed-in-place insulation (UFFI) into a number of homes in the Cape Cod area during the years 1977 through 1979. The plaintiffs sought class certification of their action, pursuant to Mass. R. Civ. P. 23, 365 Mass. 767 (1974), and G.L.c. 93A, § 9 (2). A judge of the Superior Court refused to certify the suit as a class action. We granted direct appellate...

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