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BLANK v. SID RICHARDSON CARBON & GAS. CO.

No. 97 CA 0872.

712 So.2d 630 (1998)

Charles E. BLANK, Jolene L. Gomez, Individually and on Behalf of her Minor Son, Leslie D. Gomez, Irma Joe Loubiere, Riley Spurlock, Johnnie Mae Spurlock, Paul D. Kleinpeter, Eva G. Kleinpeter, Joe L. Farley, Linda F. Farley and Ms. Lee B. Allemond v. SID RICHARDSON CARBON AND GASOLINE COMPANY, et al.

Court of Appeal of Louisiana, First Circuit.

May 15, 1998.

Attorney(s) appearing for the Case

Patrick W. Pendley, Plaquemine, Bryan D. Fisher, Frank Tomeny, III, Baton Rouge, for Plaintiffs—Appellees Charles E. Blank, Jolene L. Gomez Individually and on Behalf of her minor son, Leslie D. Gomez, Irma Jo Loubiere, Riley Spurlock, Johnnie Mae Spurlock, Paul D. Kleinpeter, Eva C. Kleinpeter, Joe L. Farley, Linda F. Farley and Lee B. Allemond.

Frederick W. Bradley, New Orleans, for Defendants—Appellants—Sid Richardson Carbon and Gasoline Company, et al.

Before CARTER and FITZSIMMONS, JJ., and CHIASSON, J. Pro Tem.

FITZSIMMONS, Judge.

Defendant, Sid Richardson Carbon & Gasoline Company (Richardson), appealed the trial court's certification of a class action. Richardson complained of the lack of common character and numerosity in the proposed class, and asserted a lack of evidence for setting the geographic boundaries. We find that the certification of the class is premature in the face of individualized issues that predominate the common issues.2

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