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McCARTHY v. MIZE ET AL.

No. 742 C.D. 1983.

84 Pa.Commw. 511 (1984)

Kevin C. McCarthy, Appellant v. Ernest E. Mize et al., Appellees.

Commonwealth Court of Pennsylvania.

August 15, 1984.

Attorney(s) appearing for the Case

Justin J. McCarthy, Wusinich and McCarthy, for appellant.

Anthony L.V. Picciotti, with him, Carole J. Wildoner, for appellees, Borough of Kennett Square and Councilmen thereof.

John S. Halsted, for appellees, Borough of Kennett Square Civil Service Commission and Commissioners thereof.

Argued June 6, 1984, before Judges ROGERS, CRAIG and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE CRAIG, August 15, 1984:

Kevin McCarthy, a taxpayer of the Borough of Kennett Square seeking to represent all other taxpayers, appeals from a Chester County Common Pleas Court order denying his petition for class action certification.

We must decide if the common pleas court abused its discretion1 by determining that Mr. McCarthy's petition failed to satisfy the following prerequisites for certification under Pa...

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