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FERRELL v. EXPRESS CHECK ADVANCE OF SC LLC

No. 09-2401.

591 F.3d 698 (2010)

Carl G. FERRELL, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. EXPRESS CHECK ADVANCE OF SC LLC, Defendant-Appellant, and Advance America Cash Advance Centers of South Carolina, Incorporated; Local Cash Advance of SC III LLC; Payday USA of SC LLC, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: January 8, 2010.

Attorney(s) appearing for the Case

ARGUED: William Clifford Wood, Jr., Nelson, Mullins, Riley & Scarborough, LLP, Columbia, South Carolina, for Appellant. Joseph Camden Wilson, Pierce, Herns, Sloan & McLeod, Charleston, South Carolina, for Appellee. ON BRIEF: C. Mitchell Brown, Nelson, Mullins, Riley & Scarborough, LLP, Columbia, South Carolina, for Appellant. Alan P. Sloan, III, Pierce, Herns, Sloan & McLeod, Charleston, South Carolina, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge TRAXLER and Judge AGEE joined.

OPINION

NIEMEYER, Circuit Judge:

In this appeal, we hold that, for purposes of determining subject matter jurisdiction under the Class Action Fairness Act of 2005 ("CAFA"), Pub.L. No. 109-2, 119 Stat. 4 (codified in scattered sections of Title 28, United States Code), a limited liability company is an "unincorporated association" as that term is used in 28 U.S.C. § 1332(d)(10) and therefore is a citizen of...

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