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HAYES v. MOTORISTS MUT. INS. CO.

370 Pa.Super. 602 (1987)

537 A.2d 330

John L. HAYES, III, Nancy L. Hayes and John L. Hayes, IV, Individually and on behalf of all others similarly situated, Appellants, v. MOTORISTS MUTUAL INSURANCE COMPANY, Appellee.

Supreme Court of Pennsylvania.

Filed December 28, 1987.

Reargument Denied February 11, 1988.

Attorney(s) appearing for the Case

Michael P. Malakoff, Pittsburgh, for appellants.

David R. Johnson, Pittsburgh, for appellee.

Before WIEAND, KELLY and POPOVICH, JJ.

WIEAND, Judge:

This is an appeal from an order denying class certification and directing that plaintiffs' action proceed as an individual action via compulsory arbitration. The trial court held that plaintiffs had failed to satisfy the adequacy of representation requirement1 and that their action had failed to satisfy the commonality, typicality, and predominance requisites for class certification.2 Plaintiffs...

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