BAILEY v. STATE FARM FIRE AND CAS. CO.

No. 04-6165.

414 F.3d 1187 (2005)

Barbara BAILEY, Plaintiff-Appellee, v. STATE FARM FIRE AND CASUALTY COMPANY and State Farm General Insurance Company, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

July 7, 2005.


Attorney(s) appearing for the Case

Richard C. Ford (Harvey D. Ellis, Jr., Leanne Burnett, Rustin J. Strubhar, and Mary H. Tolbert with him on the briefs) of Crowe & Dunlevy, Oklahoma City, OK, for Defendants-Appellants.

George D. Davis of McKinney & Stringer, P.C. (Ronald L. Walker of McKinney & Stringer, P.C.; Reggie N. Whitten and Jason E. Roselius of Whitten, Nelson, McGuire, Wood, Terry, Roselius & Dittrich, with him on the brief), Oklahoma City, OK, for Plaintiff-Appellee.

Before LUCERO, McKAY, and MURPHY, Circuit Judges.


McKAY, Circuit Judge.

Ms. Bailey brought a claim on behalf of herself and "thousands of Oklahoma homeowners whose claims for covered damage to their dwellings were intentionally under-adjusted. . . ." Aplt.App., Vol. I, at 20. However, the district court denied Ms. Bailey's motion to certify the class and ultimately granted Defendants summary judgment on an unrelated issue. Ms. Bailey appealed. While the case was pending on appeal, the parties settled, and on March...

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