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CLARK v. STATE FARM MUT. AUTO. INS. CO.

Nos. 07-1454, 07-1466.

590 F.3d 1134 (2009)

Ricky Eugene CLARK, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 29, 2009.

Attorney(s) appearing for the Case

Robert B. Carey, The Carey Law Firm, Colorado Springs, CO (Steve W. Berman, Hagens Berman LLP, Seattle, WA, L. Dan Rector, Franklin D. Azar & Associates, P.C., Colorado Springs, CO, and Walter H. Sargent, Walter H. Sargent, a professional corporation, Colorado Springs, CO, with him on the briefs) for Appellant.

Michael S. McCarthy (Marie E. Williams with him on the brief), Faegre & Benson LLP, Denver, CO, for Appellee.

Before HENRY, Chief Judge, MURPHY, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

In this appeal, we must determine whether a case may proceed as a class action even though the named plaintiff's claim became moot before he filed a motion for class certification. We conclude that the case may not proceed.

In August 2000, Ricky Eugene Clark filed a class action complaint in Colorado state court naming State Farm Mutual Automobile Insurance Company as the defendant. The complaint sought reformation of an automobile...

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