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CIRCLE v. JIM WALTER HOMES, INC.

Nos. 75-1354, 75-1355.

535 F.2d 583 (1976)

Roy M. CIRCLE and Wanda J. Circle, on behalf of themselves and others similarly situated, Plaintiffs-Appellants, v. JIM WALTER HOMES, INC., a corporation, et al., Defendants-Appellees. Rayfield SMILEY and Evelyn C. Smiley, on behalf of themselves and others similarly situated, Plaintiffs-Appellants, v. MID-STATE HOMES, INC., a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided April 12, 1976.

Rehearing Denied July 7, 1976.

Attorney(s) appearing for the Case

James M. Little and John N. Goodman of Conner, Little & Conner, Oklahoma City, Okl., for plaintiffs-appellants.

Lawrence A. G. Johnson of Farmer, Woolsey, Flippo & Bailey, Inc., Tulsa, Okl., for defendants-appellees.

Before SETH, BARRETT and DOYLE, Circuit Judges.

DOYLE, Circuit Judge.

In each of the above cases reversal is sought of a judgment of dismissal as well as judgments refusing to certify either of the cases as class actions.

In each of the actions the plaintiffs allege that they purchased a home from Jim Walter Homes, Inc., et al.1 Plaintiffs contracted to pay in installments the cash price and finance charge, and according to their further allegations executed promissory notes...

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