Holmes, J., dissenting. I would affirm the court of appeals in that such court was correct in finding that the trial court had not abused its discretion in denying a class action under the facts sub judice. As noted by Presiding Judge Whiteside in the court of appeals opinion, the plaintiff here sought a class action pursuant to Civ. R. 23(B)(3). In this rule it is provided that a class action is maintainable β* * * if thβ¦
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