ROPER v. CONSURVE, INC.

No. 76-3600.

578 F.2d 1106 (1978)

Robert L. ROPER et al., Plaintiffs-Appellants, v. CONSURVE, INC., d/b/a BankAmericard Center, and Deposit Guaranty National Bank, Jackson, Mississippi, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 24, 1978.


Attorney(s) appearing for the Case

Wm. Roberts Wilson, Jr., Pascagoula, Miss., Toxey Hall Smith, Jr., Ocean Springs, Miss., Frederick G. Helmsing, Champ Lyons, Jr., Mobile, Ala., for plaintiffs-appellants.

Vardaman S. Dunn, Jackson, Miss., for defendants-appellees.

Before WISDOM, THORNBERRY, and RUBIN, Circuit Judges.


RUBIN, Circuit Judge:

This case presents two class action questions: whether the class action claim and, indeed, the entire controversy became moot when, after the trial court denied certification following an evidentiary hearing, the defendant bank tendered to the two class representatives payment in full of the amount each individually claimed and judgment was entered on their behalf; and, if not, whether a class action is superior to other available means for the...

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