GEN. MOTORS ACCEP. CORP. v. CITY OF RED BAY

1021294.

894 So.2d 650 (2004)

GENERAL MOTORS ACCEPTANCE CORPORATION v. CITY OF RED BAY et al.

Supreme Court of Alabama.

June 25, 2004.


Attorney(s) appearing for the Case

David E. Rains and D.W. Wilson of Tanner & Guin, LLC, Tuscaloosa; and Bruce P. Ely of Bradley Arant Rose & White, L.L.P., Birmingham, for appellant.

Brian W. Warwick and Janet R. Varnell of Varnell & Warwick, P.A., The Villages, Florida; and Jeffrey L. Bowling and Robert I. Rogers, Jr., of Bedford, Rogers & Bowling, Russellville, for appellees.

Mary Ellen Wyatt Harrison, Montgomery, for amicus curiae Alabama League of Municipalities, in support of the appellees.

S. Dagnal Rowe of Wilmer & Lee, P.A., Huntsville; and Stephen J. Harburg and Charles E. Borden of O'Melveny & Myers, LLP, Washington, D.C., for amici curiae Alliance of Automobile Manufacturers, Association of International Automobile Manufacturers, American Financial Services Association, Council on State Taxation, and American Automotive Leasing Association, in support of the appellant.

Robert A. Huffaker and R. Austin Huffaker, Jr., of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for amici curiae Automobile Dealers Association of Alabama, Inc., and Business Council of Alabama, Inc., in support of the appellant.

William H. Pryor, Jr., atty. gen., and Henry C. Chappell, chief counsel and deputy atty. gen., Department of Revenue, for amici curiae State of Alabama and Alabama Department of Revenue, in support of the appellant.


LYONS, Justice.

General Motors Acceptance Corporation ("GMAC"), the defendant in an action pending in the Franklin Circuit Court, appeals from a class-certification order obtained by the named plaintiffs in this case, the City of Red Bay and Franklin County. We vacate the class-certification order and remand.

This is the second class-certification order the trial court has entered in this case. We vacated the first order and remanded the cause for further...

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