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DEFRAITES v. STATE FARM MUT. AUTO. INS. CO.

No. 03-CA-1081.

864 So.2d 254 (2004)

Robert DEFRAITES, Individually and as Representative of those similarly situated v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Oasis Horticultural Services, Inc., Individually and as Representative of all those similarly situated.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied February 9, 2004.

Writ Denied March 12, 2004.

Attorney(s) appearing for the Case

David L. Haik, Metairie, LA, for Robert Defraites, et al., Plaintiff/Appellee.

Wayne J. Lee, Lesli D. Harris, Stone Pigman Walther Wittmann, L.L.C., New Orleans, LA, for State Farm Mutual Automobile Insurance Company, et al., Defendant/Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., SUSAN M. CHEHARDY and WALTER J. ROTHSCHILD.

WALTER J. ROTHSCHILD, Judge.

Defendants, Oasis Horticultural Services, Inc. and State Farm Mutual Automobile Insurance Company, appeal from a judgment of the trial court certifying this action as a class. For the reasons stated more fully herein, we reverse the ruling of the trial court and remand the matter for further proceedings.

Facts and Procedural History

On August 2, 2002, plaintiff herein, Robert Defraites, filed the instant class petition...

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