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FIRSTPLUS HOME LOAN OWNER 1997-1 v. BRYANT

No. 07-740.

277 S.W.3d 576 (2008)

FIRSTPLUS HOME LOAN OWNER 1997-1, et al., Appellants, v. Stacy BRYANT, et al., and Michael Bryant, Appellees.

Supreme Court of Arkansas.

Rehearing Denied April 10, 2008.

Attorney(s) appearing for the Case

Rose Law Firm, by: Garland J. Garrett and Kathy B. Perkins, Little Rock, AR; and Branch Thompson Philhours & Warmath, P.A., by: Robert F. Thompson, Paragould, AR, for appellants trust defendants.

Womack, Landis, Phelps, et al., by: Paul D. McNeill and Mark Mayfield, Jonesboro, AR; and Kutak Rock LLP, by: Leslie A. Greathouse and Jean-Paul Assouad, Kansas City, MO, for appellant trust.

Mark Vehik, Little Rock, AR, for appellees.

JIM HANNAH, Chief Justice.

This is an appeal from an order certifying a class action. The cause of action by the representative plaintiffs, individually, and on behalf of the members of each subclass, seeks damages arising from the payment by them of interest that they allege is usurious to the trust or trusts and their trustees that own or owned their loans. The cause of action also seeks damages for fraud arising from the payment by the plaintiffs and the members...

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