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WAL-MART STORES, INC. v. BAILEY

No. 49A02-0306-CV-511.

808 N.E.2d 1198 (2004)

WAL-MART STORES, INC., Wal-Mart d/b/a Sam's Club, Marie Ward and Nathan Clark, Appellants-Defendants, v. Berdita L. BAILEY and Sue Rhodus, Individually and on behalf of all others similarly situated, Appellees-Plaintiffs.

Court of Appeals of Indiana.

Rehearing Denied August 3, 2004.

Attorney(s) appearing for the Case

Robert K. Stanley, Ellen E. Boshkoff, Edward E. Hollis, Baker & Daniels, Indianapolis, IN, Attorneys for Appellants.

Matthew W. Lampe, Jones, Day, Reavis & Pogue, Columbus, OH, Of Counsel.

James A. Knauer, Jay P. Kennedy, William Bock, III, Reynolds B. Brissenden, Kroger Gardis & Regas, LLP, Indianapolis, IN, Attorneys for Appellees.

OPINION

SULLIVAN, Judge.

Wal-Mart Stores, Inc. appeals from the trial court's order certifying a class of current and former employees in the State of Indiana for claims asserted by Berdita Bailey,1 a former Wal-Mart employee. The main issues presented by Wal-Mart for our review are; (1) whether the class definition improperly includes class members who have no standing in the litigation, and (2) whether the trial court erred...

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