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DUBLIN v. UCR, INC.

No. 9311SC958.

444 S.E.2d 455 (1994)

115 N.C. App. 209

Rosalind DUBLIN, Harry Earp, Josephine Wall Godwin, Guadalupe Ibarra, Alice Warren and Julia F. Storey, On Behalf of Themselves and All Other Persons Similarly Situated, Plaintiffs, v. UCR, INC. and U-Can Rent, Inc., James S. Archer, and Janice Archer, Chrysler First Commercial Corporation and U-Can Rent, Inc. (U-Can II), Defendants, v. VOYAGER PROPERTY AND CASUALTY INSURANCE COMPANY and American Bankers Insurance Company of Florida, Third-Party Defendants.

Court of Appeals of North Carolina.

June 21, 1994.

Attorney(s) appearing for the Case

East Central Community Legal Services by Leonard G. Green, Smithfield, and Gulley and Calhoun by Michael D. Calhoun, Durham, for plaintiffs-appellants.

Wishart, Norris, Henninger & Pittman, P.A. by June K. Allison and Brian P. Gavigan, Burlington, for defendants-appellees UCR, Inc., U-Can Rent I, James S. Archer, and Janice Archer.

Smith Helms Mullis & Moore, L.L.P. by James L. Gale and Paul K. Sun, Jr., Raleigh, for defendant-appellee Chrysler First Commercial Corp.

Mast, Morris, Schultz & Mast, P.A. by George B. Mast and T. Michael Lassiter, Jr., Smithfield, for defendant-appellee U-Can Rent II.

Hatch, Little & Bunn by David H. Permar and Walter N. Rak, Raleigh, for third-party defendant Voyager Property and Cas. Ins. Co.

WELLS, Judge.

Based on the following findings contained in the 3 December 1990 order, Judge Bowen concluded that the case should be certified as a class action as to UCR and U-Can Rent I:

BASED UPON the record herein and the arguments of counsel for the parties, the plaintiffs have established and the court finds that: (1) There exists a class of named and unnamed plaintiffs who have an interest in the same issues of law and fact, which issues include...

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