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CIRCLE v. JIM WALTER HOMES, INC.

Nos. 79-1265, 79-1266.

654 F.2d 688 (1981)

Roy M. CIRCLE and Wanda J. Circle, on behalf of themselves and others similarly situated, Plaintiffs-Appellants, v. JIM WALTER HOMES, INC., a corporation, and Mid-State Homes, Inc., a corporation and Jim Walter Corporation, 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 July 16, 1981.

Attorney(s) appearing for the Case

James M. Little, Oklahoma City, Okl. (John N. Goodman, Oklahoma City, Okl., with him on brief) of Ungerman, Conner, Little, Ungerman & Goodman, Oklahoma City, Okl., for plaintiffs-appellants.

Lawrence A. G. Johnson, Tulsa, Okl., for defendants-appellees.

Before McWILLIAMS and LOGAN, Circuit Judges, and CHRISTENSEN, District Judge.

LOGAN, Circuit Judge.

This appeal arises out of consolidated class actions brought in federal court under its diversity jurisdiction against Jim Walter Corporation and its subsidiaries Jim Walter Homes, Inc. and Mid-State Homes, Inc. The basic contention is that these defendants were liable for violations of Oklahoma's version of the Uniform Consumer Credit Code (UCCC) because negotiable instruments were taken to evidence class members' indebtedness in sales transactions...

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