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J.C. PENNEY CO., INC. v. PITTS

No. 13-02-540-CV.

139 S.W.3d 455 (2004)

J.C. PENNEY COMPANY, INC., et al., Appellants, v. Gayle G. PITTS, et al., Appellees.

Court of Appeals of Texas, Corpus Christi-Edinburg.

As corrected on Overruling of Rehearing August 12, 2004.

Attorney(s) appearing for the Case

Frank E. Weathered, Dunn & Weathered, Corpus Christi, James David Brown, Joel W. Reese, Winstead, Sechrest & Minick, P.C., Dallas, for Appellants.

David H. Berg, Berg & Androphy, Houston, Stephen Gardner, Dallas, J.A. `Tony' Canales, Canales & Simonson, P.C., Corpus Christi, Tamera L. Venzke, John P. Venzke, Venzke Law Firm, LLP, Houston, for Appellees.

Before Chief Justice VALDEZ and Justices HINOJOSA and RODRIGUEZ.

OPINION

Opinion by Chief Justice VALDEZ.

Appellants, Stonebridge Life Insurance Company, et al.,1 appeal the certification of a nationwide class of consumers who purchased Accidental Death and Dismemberment (ADD) insurance from appellants. By four issues, appellants contend: (1 & 3) rule 42(b)(4)'s2 predominance and superiority requirements are not met; (2) the trial plan infringes on appellants...

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