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HESS v. VOLKSWAGEN OF AMERICA, INC.

No. 106,132. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

221 P.3d 132 (2009)

2009 OK CIV APP 84

Rajina HESS and Kelly Parsons, individually and on behalf of persons similarly situated, Plaintiffs/Appellees, v. VOLKSWAGEN OF AMERICA, INC., Defendant/Appellant.

Court of Civil Appeals of Oklahoma, Division No. 4.

Rehearing Denied May 8, 2009.

Certiorari Dismissed September 21, 2009.

Attorney(s) appearing for the Case

Terry W. West, Bradley C. West, The West Law Firm, Shawnee, OK, T. Christopher Tuck, A. Hoyt Rowell, III, Richardson, Patrick, Westbrook & Brickman, LLC, Mt. Pleasant, SC, for Plaintiffs/Appellees.

John H. Tucker, Kerry R. Lewis, Rhodes, Hieronymus, Jones, Tucker & Gable, Tulsa, OK, Daniel V. Gsovski, Herzfeld & Rubin, PC, New York, NY, for Defendant/Appellant.

DOUG GABBARD II, Presiding Judge.

¶ 1 Defendant, Volkswagen of America, Inc. (VW), appeals the trial court's certification of a class action. The question to be decided is whether the trial court abused its discretion in granting class action status. We hold that it did not and affirm.

FACTS

¶ 2 Plaintiffs, Rajina Hess and Kelly Parsons, each own a Jetta automobile manufactured and/or sold by VW. Each vehicle was purchased used.

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