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PALAIS ROYAL, INC. v. PARTIDA

No. 13-95-529-CV.

916 S.W.2d 650 (1996)

PALAIS ROYAL, INC., D/B/A "Bealls", Relator, v. The Honorable Juan PARTIDA, Judge of the 275th District Court of Hidalgo County, Texas and the Honorable Fernando Mancias, Judge of the 93rd District Court of Hidalgo County, Texas, Respondents.

Court of Appeals of Texas, Corpus Christi.

February 8, 1996.

Attorney(s) appearing for the Case

Joseph S. Cohen, Eric Scott Lipper, Jeffrey J. Brookner, Hirsch & Westheimer, P.C., Houston, William M. Mills, Atlas & Hall, McAllen, for relator.

Edwin R. Fleuriet, Richard D. Schell, Fleuriet, Schell & Franz, Harlingen, Gilberto Hinojosa, Magallanes, Sokat & Hinojosa, Brownsville, for real parties in interest.

Before SEERDEN C.J., and YANEZ and CHAVEZ, JJ.

OPINION

SEERDEN, Chief Justice.

This application for mandamus illustrates some of the serious, continuing problems inherent in the current legal procedures relating to class action litigation. Rule 42 allows one or more persons as members of a class to sue or be sued as representative parties of a class if it is so numerous that joinder of all members is impracticable, where there are questions of law or fact common to the class, the claims or defenses of...

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