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BUTLER v. AUDIO/VIDEO AFFILIATES, INC.

No. 1911382.

611 So.2d 330 (1992)

Allan BUTLER and Joan Butler v. AUDIO/VIDEO AFFILIATES, INC., et al.

Supreme Court of Alabama.

December 4, 1992.

Attorney(s) appearing for the Case

Steve Olen and Michael S. McGlothren of Olen & McGlothren, P.C., George W. Finkbohner III of Finkbohner and Lawler and Peter F. Burns of Burns, Cunningham & Mackey, Mobile, for appellants.

A. Danner Frazer, Jr., William H. Philpot, Jr. of Frazer, Greene, Philpot & Upchurch, Mobile, and William J. Baxley, Birmingham, for appellees.

HOUSTON, Justice.

The plaintiffs appeal from the trial court's order denying class certification.

Allan and Joan Butler sued Audio/Video Affiliates, Inc.; Rex Television and Appliance Centers, Inc.; and Dennis Fuqua, alleging that those defendants had engaged in a systematic and pervasive "bait and switch" consumer fraud. The Butlers filed a motion for class certification, which the trial court denied after holding a two-day

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