IN RE APPLIANCE STORE, INC.

Bankruptcy Nos. 92-1573-BM, 92-1574-BM, Adv. No. 93-2093-BM.

158 B.R. 384 (1993)

In re The APPLIANCE STORE, INC.; and Northeast Consumer Technology Stores, Inc., Debtors. Kevin SHAW and Steve Latzo, individually and on behalf of all others similarly situated, Plaintiffs, v. WHIRLPOOL FINANCIAL CORPORATION; Maytag Financial Corporation; General Electric Capital Corporation, and Joseph P. Nigro, as Trustee in Bankruptcy of The Appliance Store, Inc. and Northeast Consumer Technology Stores, Inc., Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

As Amended September 20, 1993.


Attorney(s) appearing for the Case

Richard A. Finberg, Malakoff, Doyle & Finberg, P.C., Pittsburgh, PA, for plaintiffs.

Eric A. Schaffer, Reed Smith Shaw & McClay, Pittsburgh, PA, for defendant/Whirlpool Financial Corp.

Joel M. Helmrich, Gary P. Hunt, Tucker Arensberg, P.C., Pittsburgh, PA, for defendant/Maytag Financial Corp.

Sheila Smith Dinardo, Katarincic & Salmon, Pittsburgh, PA, for defendant/General Elec. Capital Corp.

James M. Malley, Nigro & Malley, Pittsburgh, PA, for trustee.

Kathleen Robb-Singer, Pittsburgh, PA, Office of U.S. Trustee.


AMENDED MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Plaintiffs Kevin Shaw and Steven Latzo ("representative plaintiffs") have moved, pursuant to FED.R.CIV.P. 23(a) and (b)(3), for class certification of the above-captioned adversary action.1

The motion is strenuously opposed by defendants Whirlpool Financial Corporation ("WFC"), Maytag Financial Services Corporation ("MFSC"), and General Electric Capital...

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