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BENAVIDES v. CHICAGO TITLE INS. CO.

No. 10-10136, Summary Calendar.

636 F.3d 699 (2011)

Emma BENAVIDES, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. CHICAGO TITLE INSURANCE CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 23, 2011.

Attorney(s) appearing for the Case

Eric Graham Calhoun , Travis, Calhoun & Conlon, P.C., Dallas, TX, for Benavides.

Robert Jerome Fogarty , Derek E. Diaz , Hahn, Loeser & Parks, L.L.P., Cleveland, OH, Lance Vernon Clack , Keith R. Verges , Figari & Davenport, L.L.P., Dallas, TX, for Chicago Title Ins. Co.

Before WIENER, PRADO, and OWEN, Circuit Judges.

PRADO, Circuit Judge:

Emma Benavides appeals the district court's denial of her motion for class certification. Benavides sued Chicago Title Insurance Co. ("Chicago Title") on behalf of a purported class for refusing to give her a title insurance premium discount mandated by Texas law. The district court denied class certification on the ground that Benavides had not shown that common questions would predominate as required for a class seeking certification under...

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