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WALDING v. BLUE CROSS AND BLUE SHIELD

89-1173.

577 So.2d 853 (1991)

Jimmy WALDING and Marie Walding v. BLUE CROSS AND BLUE SHIELD OF ALABAMA, INC.

Supreme Court of Alabama.

March 8, 1991.

Attorney(s) appearing for the Case

Samuel A. Cherry, Jr. and Allen G. Woodard of Cherry, Givens, Tarver, Aldridge, Peters, Lockett & Diaz, Dothan, for appellants.

Lawrence B. Clark, Robert D. Hunter and Charles C. Pinckney of Lange, Simpson, Robinson & Somerville, Birmingham, and Alan C. Livingston of Lee & McInish, Dothan, for appellee.

ALMON, Justice.

Jimmy Walding and Marie Walding appeal from an interlocutory order of the trial court denying their motion to certify a class.

The Waldings filed a complaint against Blue Cross and Blue Shield of Alabama, Inc. ("Blue Cross"), on August 5, 1988, alleging breach of contract and bad faith failure to pay an insurance claim. They later amended their complaint, alleging that there were other insureds who were similarly situated, and moved for certification...

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