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EX PARTE GREEN TREE FINANCIAL CORP.

1951211.

684 So.2d 1302 (1996)

Ex parte GREEN TREE FINANCIAL CORPORATION. (Re Elbert J. KILPATRICK and Barbara J. Kilpatrick v. GREEN TREE FINANCIAL CORPORATION and American Bankers Insurance Company of Florida).

Supreme Court of Alabama.

November 1, 1996.

Attorney(s) appearing for the Case

Robert A. Huffaker and William H. Webster of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for Petitioner.

Joe R. Whatley, Jr., Frederick T. Kuykendall III, Russell Jackson Drake, Sam Heldman and Hilary E. Ball-Walker of Cooper, Mitch, Crawford, Kuykendall & Whatley, L.L.C., Birmingham; E. Mark Ezell, John Sharbrough, and Sarah Hicks Stewart of Ezell & Sharbrough, L.L.C., Butler; and Richard A. Freese and T. Roe Frazer II of Langston, Frazer, Sweet & Freese, P.A., Birmingham, for Respondents.

SHORES, Justice.

Green Tree Financial Corporation petitions for a writ of mandamus directing the trial court to set aside or modify its order certifying the counterclaim filed by the plaintiffs, Elbert J. Kilpatrick and Barbara J. Kilpatrick, as a class action and designating a class. We grant the petition.

On January 4, 1993, Green Tree filed a detinue complaint in the Circuit Court of Marengo County, against Elbert and Barbara Kilpatrick, claiming that the...

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