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DECHERT v. CADLE CO.

No. 03-2217.

333 F.3d 801 (2003)

Edward P. DECHERT, individually as trustee of the estate in bankruptcy of Judy A. Oyler, and on behalf of all others similarly situated to her, Plaintiff-Appellee, v. The CADLE COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 24, 2003.

Attorney(s) appearing for the Case

David J. Philipps (submitted a brief), Gomolinski & Philipps, Hickory Hills, IL, for plaintiff-appellee.

Carol A. Nemeth (submitted a brief), White & Raub, Indianapolis, IN, for defendant-appellant.

Before BAUER, POSNER, and COFFEY, Circuit Judges.

POSNER, Circuit Judge.

We accepted the defendant's appeal under Fed.R.Civ.P. 23(f) from the certification of this suit as a class action in order to determine whether, as the district judge held, a trustee in bankruptcy is, in general and in this case, a proper class representative — whether, that is, he is a member of the class who, as named plaintiff, "will fairly and adequately protect the interests of the class...

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