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EX PARTE GREEN TREE FINANCIAL CORP.

1962148.

723 So.2d 6 (1998)

Ex parte GREEN TREE FINANCIAL CORPORATION. (In re Elbert J. Kilpatrick and Barbara J. Kilpatrick v. Green Tree Financial Corporation and American Bankers Insurance Company of Florida).

Supreme Court of Alabama.

Rehearing Denied October 23, 1998.

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., Russell Jackson Drake, and Frederick T. Kuykendall III of Cooper, Mitch, Crawford, Kuykendall & Whatley, Birmingham; T. Roe Frazer II and Richard A. Freese of Langston, Frazer, Sweet & Freese, P.A., Birmingham; E. Mark Ezell of Ezell & Sharbrough, L.L.C., Butler; Taylor T. Perry, Jr., of Manley, Traeger, Perry & Stapp, Demopolis; and J.L. Chestnut, Jr., of Chestnut, Sanders, Sanders & Pettaway, Selma, for respondents.

LYONS, Justice.

Green Tree Financial Corporation, the counterclaim defendant in an action pending in the Marengo Circuit Court, seeks a writ of mandamus directing that court to vacate its August 12, 1997, order, certifying a nationwide class of plaintiffs and an Alabama subclass. We grant the writ.

I.

Green Tree Financial Corporation ("Green Tree") executed a contract with Elbert Kilpatrick and his wife Barbara Kilpatrick by which Green Tree lent...

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