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HOECHST CELANESE CORP. v. FRY

Nos. 5D99-966, 5D99-967.

753 So.2d 626 (2000)

HOECHST CELANESE CORPORATION and Shell Oil Company, etc., Appellants, v. Robert FRY, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 30, 2000.

Attorney(s) appearing for the Case

Steven L. Brannock, Karl J. Brandes and John D. Mullen of Holland & Knight, Tampa, for Appellant Shell Oil Co.

Bryce W. Ackerman and Karl V. Hart of Hart & Gray, Ocala, Paul M. O'Connor, III, and Barry M. Kazan, of Kasowitz, Benson, Torres & Friedman, LLP, New York, New York, for Appellant Hoechst Celanese Corp.

Richard M. Leslie, P.A., and Maxine M. Long of Shutts & Bowen, LLP, Miami, Daniel Hicks, P.A., and Stephen D. Spivey, P.A., Ocala, for Appellees.

ON MOTION FOR REHEARING EN BANC

COBB, J.

We consider this case en banc in order to recede from our prior affirmance of the action of the circuit court granting class certification to the appellees, the plaintiffs below. Our affirmance was improvident in light of established case authority and the facts of this case.

This appeal concerns claims that plumbing systems containing parts manufactured out...

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