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KELLY v. COUNTY OF ALLEGHENY

357 Pa.Super. 1 (1986)

515 A.2d 48

Barbara KELLY and Richard A. O'Neal, individually and on behalf of all others similarly situated, Appellants, v. COUNTY OF ALLEGHENY and Allegheny County Institution District.

Supreme Court of Pennsylvania.

Filed September 15, 1986.

Attorney(s) appearing for the Case

Michael P. Malakoff, Pittsburgh, for appellants.

Robert Weinheimer, Pittsburgh, for appellees.

Before ROWLEY, WIEAND and DEL SOLE, JJ.

OPINION OF THE COURT

ROWLEY, Judge:

In this appeal from an Order denying class certification, a single issue is presented for review: whether class certification may be denied under Pa.R.C.P. 1708(a)(7) solely because the average individual claim is for a small dollar amount where the potential costs and expenses of the litigation are not disproportionate to the total class claims aggregating over $150,000 with interest.1 Because...

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