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T. OF UPPER ST. CLAIR v. CO. OF ALLEGHENY

No. 3377 C.D. 1986.

114 Pa.Commw. 273 (1988)

538 A.2d 646

Township of Upper St. Clair, a municipal corporation on behalf of itself and all other similarly situated municipalities of Allegheny County, Appellant v. The County of Allegheny, a municipal corporation; and John C. Kyle, Clerk of Courts of Allegheny County, Appellees.

Commonwealth Court of Pennsylvania.

March 7, 1988.

Attorney(s) appearing for the Case

E. J. Strassburger, with him, Robert N. Hackett and Bernadette Puzzuole, Strassburger, McKenna, Gutnick and Potter, for appellant.

Byron D. Xides, Assistant County Solicitor, with him, Ira Weiss, Deputy County Solicitor, and James J. Dodaro, County Solicitor, and Robert C. Gallo, Gallo, Weiner & Coletta, for appellees.

Argued October 7, 1987, before President Judge CRUMLISH, JR., and Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO.

OPINION BY JUDGE COLINS, March 7, 1988:

Appellant, Township of Upper St. Clair, appeals from an order of the Court of Common Pleas of Allegheny County which denied class certification as to appellant's complaint against appellee, The County of Allegheny (County), and dismissed the County as a defendant in the action.1 The pertinent facts are as follows:

Appellant filed a class action complaint against the county on behalf of itself...

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