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WINN-DIXIE STORES, INC. v. SAMS

No. 73-178.

281 So.2d 47 (1973)

WINN-DIXIE STORES, INC., a Florida Corporation, Appellant, v. Hildred SAMS, On Behalf of Himself and All Others Similarly Situated, Appellee.

District Court of Appeal of Florida, Third District.

July 31, 1973.

Attorney(s) appearing for the Case

Nicholson, Howard, Brawner & Lovett, and Robert A. Freyer, Miami, for appellant.

Marvin Kurzban, Miami, for appellee.

Before PEARSON, HENDRY and HAVERFIELD, JJ.

PER CURIAM.

Appellant defendant seeks review of the trial court's denial of its motion to dismiss this class action.1 We reverse.

We have carefully considered the briefs, arguments of counsel and the record before us and must agree that the appellee has failed to sufficiently allege the necessary requisites of a bona fide class action. Port Royal, Inc. v. Convoy, Fla. App. 1963, 154 So.2d 734

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