NOTES TO RULE 23.2
HISTORY: (Added July 1, 1966)
Notes of Advisory Committee on 1966 amendments to Rules.
Although an action by or against representatives of the membership of an unincorporated association has often been viewed as a class action, the real or main purpose of this characterization has been to give "entity treatment" to the association when for formal reasons it cannot sue or be sued as a jural person under Rule 17(b). See Louisell & Hazard, Pleading and Procedure: State and Federal 718 (1962); 3 Moore's Federal Practice, par 23.08 (2d ed 1963); Story, J. in West v Randall, 29 Fed Cas 718, 722--23, No. 17,424 (CCDRI 1820); and, for examples, Gibbs v Buck, 307 US 66, 83 L Ed 1111 (1939); Tunstall v Brotherhood of Locomotive F. & E. 148 F2d 403 (4th Cir 1945); Oskoian v Canuel, 269 F2d 311 (1st Cir 1959). Rule 23.2 deals separately with these actions, referring where appropriate to Rule 23.