as a class action ... the propriety of that inquiry is limited only by concerns of whether the class determination should be postponed until after the merits determination.” C. Wright, A. Miller, and M. Cane, 7 Federal Practice & Procedure, 1785 at 128 (footnote omitted) (1986). Indeed ... the class action litigation may be halted by a ... motion to dismiss or by a ... motion for summary judgment. Id. (citations omitted); see also Marx v. Centran Corp., 747 F.2d 1536, 1552 (6th Cir.1984) (“It has never been doubted that a complaint asserting a class action could be dismissed on the merits before determining whether the suit could be maintained as a class action.”), cert. denied, 471 U.S. 1125, 105 S.Ct. 2656, 86 L.Ed.2d 273 (1985); Wright v. Schock, 742 F.2d 541, 543-44 (9th Cir.1984) (<HOLDING>). In Finberg v. Sullivan, 634 F.2d 50, 64 (3d
holding that district court has discretion under appropriate circumstances to rule on summary judgment motion before addressing pending class certification motion holding that under wilkerson it was error for district court to deny class action certification motion of named plaintiffs whose claims were resolved after filing motion for class certification but before district court decided motion holding that the district court did not err in dismissing the named plaintiffs claims on summary judgment before reaching the issue of class certification holding that district court has discretion when deciding to convert a defendants motion to dismiss to a motion for summary judgment holding that the court was precluded from considering whether the district court had abused its discretion in ruling on defendants summary judgment motion before allowing plaintiff to conduct requested discovery where the plaintiff had not filed an affidavit pursuant to rule 56f and stating that  when a party does not avail himself of relief under rule 56f it is generally not an abuse of discretion for the district court to rule on the motion for summary judgment  citation omitted