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MILLS v. FOREMOST INS. CO.

No. 06-16458.

511 F.3d 1300 (2008)

Dale J. MILLS, C. Diane Mills, Plaintiffs-Appellants, v. FOREMOST INSURANCE COMPANY, a Michigan corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 4, 2008.

Attorney(s) appearing for the Case

Robert M. Giroux, Jr., Fieger, Fieger, Kennedy, Johnson & Giroux, Southfield, MI, Richard Michael Beckish, Jr., Liberis & Associates, Pensacola, FL, for Plaintiffs-Appellants.

Nancy A. Copperthwaite, Marcy Levine Aldrich, Akerman Senterfitt, Miami, FL, for Defendant-Appellee.

Before BLACK, HULL and FAY, Circuit Judges.

HULL, Circuit Judge:

Plaintiffs Dale J. Mills and C. Diane Mills (the "Millses") appeal the district court's order granting Defendant Foremost Insurance Company's ("Foremost's") motion to dismiss their class action complaint. After review and oral argument, we reverse the district court's order and remand for further proceedings.

I. BACKGROUND

A. The Complaint's Allegations

In February 2006, the Millses filed a class action complaint...

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