Stilson

This appeal presents another aspect of the problems in the burgeoning field of class actions. The two named plaintiffs sue on behalf of themselves and all others similarly situated.

It appears from admissions sought by plaintiffs and made by defendants that in 1970 defendants conducted two “sweepstakes” in which they offered substantial prizes. Typed letters, personalized by a computer tape process, were mailed by defendants, enclosing books of tickets or chances on the sweepstakes. The addressees of these letters constitute the class for which this action is brought. In the first drawing, the letter read, in part, “You and two other members of the Reader’s Digest family (naming two) are among the people in (name of city) whose names have been selected from a list of United States residents to receive a personal Lucky Number ‘Bankbook’ in our new” sweepstakes. The letter concerning the second “sweepstakes” omitted the reference to the Reader’s Digest family. It said: “Good news for you and other selected residents of (name of city). You— and your fellow townsmen—(naming two) are among those from this area whose names have been selected” etc. Presumably, a like letter,…