RECHERCHE, LLC v. BALDWIN COUNTY ELECTRIC

1171144.

295 So.3d 1041 (2019)

RECHERCHE, LLC, and Brooks Davis, individually and on behalf of all others similarly situated v. BALDWIN COUNTY ELECTRIC MEMBERSHIP CORPORATION.

Supreme Court of Alabama.

October 18, 2019.


Attorney(s) appearing for the Case

Wilson F. Green and James E. Fleenor, Jr. , of Fleenor & Green, LLP, Tuscaloosa; Brian. P. Strength and Joel Connally of Strength & Connally, LLC, Montgomery; Stephen D. Heninger of Heninger Garrison Davis LLC, Birmingham; Daniel G. McDowell of McDowell Beason & Hamilton P.C., Russellville, and David M. Cohen of Complex Law Group, LLC, Marietta, Georgia, for appellants.

Daniel G. Blackburn of Blackburn & Conner, P.C., Bay Minette; Robert E. Poundstone IV and George R. Parker of Bradley Arant Boult Cummings LLP, Montgomery; and Marc James Ayers and J. Thomas Richie of Bradley Arant Boult Cummings LLP, Birmingham, for appellee.

Dennis R. Bailey , Christopher S. Simmons , and J. Evans Bailey of Rushton Stakely Johnston & Garrett, P.A., Montgomery, for amicus curiae Alabama Rural Electric Association of Cooperatives, in support of the appellee.

Ashton H. Ott and Edward M. Price, Jr. , of Farmer, Price, Hornsby & Weatherford, L.L.P., Dothan, for amici curiae Pea River Electric Cooperative and Wiregrass Electric Cooperative, in support of the appellee.


This appeal involves the interpretation of the patronage-refund requirements imposed on electric cooperatives by § 37-6-20, Ala. Code 1975. Recherche, LLC, individually and on behalf of all other current and former members of Baldwin County Electric Membership Corporation ("the members"), filed a class-action complaint in...

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