Osmond v. Spence , 327 F. Supp. 1349 ( 1971 )

VAN DUSEN, Circuit Judge

(concurring in part and dissenting in part):

I concur in the above opinion except for those portions relating to Jurisdiction and Class Actions. Since plaintiffs Barbour, DuBois and Townsend have incomes which qualify them as “poor” under the guidelines published by the Office of Economic Opportunity, I would permit them to maintain this action as a class action on behalf of persons residing in New Castle County, Delaware, and signing documents other than mortgages, containing confession of judgment clauses, whose income qualifies them as “poor” under the guidelines published periodically by the Office of Economic Opportunity. See Santiago v. McElroy, 319 F.Supp. 284, 291 (E.D.Pa.1970); Sellers v. Contino (E.D.Pa. No. 70-1946, Opinion of 4/22/71). The Revised OEO Income Poverty Guidelines, OEO Instruction 6004-lb (December 1, 1970), for poor families are:

Family Bise Nonfarm Family Farm Family

1 $1,900 $1,600

2 2,500 2,000

3 3,100 2,500

4 3,800 3,200

5 4,400 3,700

6 5,000 4,200

7 5,600 4,700

For families with more than 7 members, add $600 for each additional member in a non-farm family and $500 for each additional member in a farm family.

The evidence supports a finding that the abovementioned parties “will fairly and adequately protect the interests of the class” and that the other requisites of F.R.Civ.P. 23(a) and (b) are satisfied. Also, the record supports the conduct of the suit by such class under F.R.Civ.P. 23(c) (4).

For the reasons stated in Santiago, supra, 319 F.Supp. at 291, the court has jurisdiction of this civil rights action brought on behalf of such a class under 28 U.S.C. § 1343(3). This court would have pendent jurisdiction of the claims of the named and intervening plaintiffs other than plaintiffs Barbour, DuBois and Townsend. See Hurn v. Oursler, 289 U.S. 238, 53 S.Ct. 586, 77 L.Ed. 1148 (1933).