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CROW v. CITICORP ACCEPTANCE CO., INC.

No. 200PA86.

354 S.E.2d 459 (1987)

319 N.C. 274

Lillard Theodore CROW, Jr. and Jean Edwards Crow, on behalf of themselves and all others similarly situated v. CITICORP ACCEPTANCE CO., INC., a Delaware Corporation and Citicorp Person To Person Financial Center, Inc., a North Carolina Corporation.

Supreme Court of North Carolina.

April 7, 1987.

Attorney(s) appearing for the Case

Edelstein & Payne by M. Travis Payne, Raleigh, Nixon, Yow, Waller & Capers by John B. Long, Augusta, Ga., pro hac vice, Hull, Towill, Norman & Barrett by David E. Hudson, Atlanta, Ga., pro hac vice, and Dye, Miller, Tucker and Everitt by Thomas W. Tucker, Augusta, Ga., pro hac vice, for plaintiffs-appellants.

Moore, Van Allen, Allen and Thigpen by Robert D. Dearborn, Randel E. Phillips, Charlotte, and William D. Dannelly, Raleigh, for defendants-appellees.

James K. Dorsett, Jr. and James G. Billings, Raleigh, for Barclays American Financial, Inc., amicus curiae.

Edmund D. Aycock, Raleigh, for North Carolina Bankers Ass'n, amicus curiae.

Thomas W. Graves, Jr., Raleigh, for North Carolina Citizens for Business and Industry, Inc., amicus curiae.

Margot Roten, Raleigh, Ellen W. Gerber, Winston-Salem, and Theodore Fillette, Charlotte, for North Carolina Clients Council, amicus curiae.

Michael D. Calhoun, Durham, for North Carolina Consumer Council, Inc., amicus curiae.

Paul H. Stock, Raleigh, for North Carolina League of Sav. Institutions, amicus curiae.

MITCHELL, Justice.

The plaintiffs appealed to this Court contending that the Court of Appeals erred in affirming an order of the trial court granting partial judgment for the defendants on the pleadings, dismissing the claims on behalf of unnamed class members, and striking all references in the complaint to a class. We agree and reverse the Court of Appeals.

The present action was initiated as a class action on 26 April 1985. Simultaneously with the filing...

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