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STATE INDUSTRIES, INC. v. FAIN

No. 10-99-145-CV.

38 S.W.3d 167 (2000)

STATE INDUSTRIES, INC., Appellant, v. Thomas W. FAIN, et al., Appellees.

Court of Appeals of Texas, Waco.

Rehearing Overruled March 21, 2001.

Attorney(s) appearing for the Case

David Sibley, Naman, Howell, Smith & Lee, Waco, David Clarke, Jr., Piper & Marbury, L.L.P., Washington, DC, for appellant.

John Hinderaker, Faegre & Benson, L.L.P., Minneapolis, MN, George S. McCall, Kern & Wooley, Irving, for appellees.

Before Chief Justice DAVIS, Justices VANCE and GRAY.

OPINION

GRAY, Justice.

This is an interlocutory appeal of an order certifying three groups of water heater consumers into a class action suit. Tex.R App.P. 28; Tex.Civ.Prac. & Rem.Code § 51.014(3) (Vernon 2000). We reverse the trial court's order and remand for further proceedings consistent with this opinion.

The appellees filed a petition for class action certification alleging that State Industries...

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