ALLEGHENY COUNTY HOUSING AUTH. v. BERRY


338 Pa.Super. 338 (1985)

487 A.2d 995

ALLEGHENY COUNTY HOUSING AUTHORITY v. Charna L. BERRY, April Coleman Blue, Benita Clark, Eva Clark, Rose Elmore, Rose Hill, Lorraine Hughes, Hattie Mae Lipscomb, Josephine Nichols, Twanda Pirl, Sylvia Pitts, Cheryl Poindexter, Rose Mary Reed, Ronald and Toni Reid, Gwendolyn Rowe, Marie Simmons, Ruth Hazel Thomas, Charlene Walker, Victoria Watts and Alicia White, Appellants.

Supreme Court of Pennsylvania.

Filed January 25, 1985.


Attorney(s) appearing for the Case

Harry M. Montgomery, Jr., Pittsburgh, for appellants.

Timothy P. O'Brien, Pittsburgh, for appellee.

Before BROSKY, DEL SOLE and TAMILIA, JJ.


TAMILIA, Judge:

Appellants appeal from the denial of their motion for certification of their counterclaim as a class action. In their brief, appellants argue the lower court erred in applying an incorrect legal standard requiring appellants/defendants to state a cause of action and to prove the merits of the counterclaim in deciding the motion for class certification.

This case originated when appellee/plaintiff, Allegheny County Housing Authority (ACHA),...

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