WARNER v. WASTE MANAGEMENT, INC.

Nos. 87-549 and 87-581.

36 Ohio St. 3d 91 (1988)

WARNER ET AL., APPELLEES, v. WASTE MANAGEMENT, INC. ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 20, 1988.


Attorney(s) appearing for the Case

Murray & Murray Co., L.P.A., Dennis E. Murray and Kirk J. Delli Bovi, for appellees.

Smith & Schnacke, John W. Edwards and John T. Sunderland, for appellant Waste Management, Inc. in case No. 87-549.

Chester, Hoffman & Willcox, Charles R. Saxbe and John E. Breen, for appellants Ronald Shawl and Donald Eckhardt in case No. 87-581.

Wargo, Wargo & Walters Co., L.P.A., and Frank J. Groh-Wargo, for appellant Janet Artino in case No. 87-581.

Akin, Gump, Strauss, Hauer & Feld and Peggy M. Tobolowsky, for appellant Peter Miller in case No. 87-581.


WRIGHT, J.

The primary issue in this case is whether the court of appeals erred in affirming the trial judge's certification of a class action pursuant to Civ. R. 23. We hold the appellate court was correct in finding a class action was appropriate. The court of appeals, however, erred in its analysis of the Rule 23 requisites. It is evident that the action is maintainable under Rule 23(B)(2) and (B)(3), but not (B)(1). The appellate court further erred by failing...

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