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McMANUS v. FLEETWOOD ENTERPRISES, INC.

No. 01-51045.

320 F.3d 545 (2003)

Donnie McMANUS and June McManus, Plaintiffs-Appellees, v. FLEETWOOD ENTERPRISES, INC., et al., Plaintiffs, Fleetwood Enterprises, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 14, 2003.

Attorney(s) appearing for the Case

John Creig Roberson, Hill & Parker, Mark A. Carrigan, Law Office of Mark A. Carrigan, Houston, TX, George Louis LeGrand, LeGrand & Bernstein, San Antonio, TX, Jonathan David Selbin (argued), Lieff, Cabraser, Heimann & Bernstein, New York City, for Plaintiffs-Appellees.

John Loyd Carter (argued), Adam P. Schiffer, Karen B. Jewell, Vinson & Elkins, Houston, TX, for Defendant-Appellant.

Before EMILIO M. GARZA and CLEMENT, Circuit Judges, and HUDSPETH, District Judge.

CLEMENT, Circuit Judge:

The district court certified a subclass of plaintiffs who purchased Class A motor homes in Texas from defendant Fleetwood Enterprises, Inc., a California corporation, between 1994 and 1999. Representative plaintiffs Donnie and June McManus allege that Fleetwood misrepresented the towing capacity of its motor homes. They seek injunctive relief under Federal Rule of Civil Procedure 23(b)(2) and, in the alternative, damages under Rule 23(b)(3...

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