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STOUT v. J.D. BYRIDER

No. 99-3854.

228 F.3d 709 (2000)

James D. STOUT; Shirley A. Brown, Plaintiffs-Appellants, v. J.D. BYRIDER, a/k/a Docherty Motors, Inc.; T & J Acceptance Corporation, d/b/a Carnow Acceptance Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 8, 2000.

Attorney(s) appearing for the Case

Sylvia M. Antalis (argued and briefed), John T. Murray (briefed), Murray & Murray, Sandusky, Ohio, for Plaintiffs-Appellants.

Gary W. Johnson (argued and briefed), John A. Albers (briefed), Weston, Hurd, Fallon, Paisley & Howley, Cleveland, Ohio, William F. Kolis, Jr. (briefed), Wickens, Herzer & Panza, Lorain, Ohio, for Defendants-Appellees.

Before: SILER and CLAY, Circuit Judges; STAFFORD, District Judge.

OPINION

CLAY, Circuit Judge.

Plaintiffs James D. Stout and Shirley A. Brown appeal the denial of their motion for class certification and dismissal of this action for fraud and violations of the Ohio Consumer Sales Practices Act and the federal Truth in Lending Act arising from Plaintiffs' purchases of used motor vehicles from Defendants J.D. Byrider, a.k.a. Docherty Motors, Inc., and T & J Acceptance Corporation. For the following reasons, we

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