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RANDLEMAN v. FIDELITY NAT. TITLE INS. CO.

Nos. 09-4533, 10-4242.

646 F.3d 347 (2011)

Jerry RANDLEMAN; Dianne M. Randleman, Plaintiffs-Appellants, v. FIDELITY NATIONAL TITLE INSURANCE CO., Defendant-Appellee. Dean Hickman; Aimee Hickman, Plaintiffs-Appellants, v. First American Title Insurance Co., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 16, 2011.

Attorney(s) appearing for the Case

ARGUED: Marvin L. Karp, Ulmer & Berne LLP, Cleveland, Ohio, for Appellants. Thomas D. Warren, Baker & Hostetler LLP, Cleveland, Ohio, Elizabeth T. Ferrick, SNR Denton US LLP, St. Louis, Missouri, for Appellees. ON BRIEF: Marvin L. Karp, David D. Yeagley, Shannan L. Katz, Ulmer & Berne LLP, Cleveland, Ohio, Mark R. Koberna, Sonkin & Koberna Co., LPA, Cleveland, Ohio, for Appellants. Thomas D. Warren, Ernest E. Vargo, Michael E. Mumford, Baker & Hostetler LLP, Cleveland, Ohio, Elizabeth T. Ferrick, Charles A. Newman, SNR Denton US LLP, St. Louis, Missouri, Michael C. Cohan, Alexander E. Goetsch, Cavitch, Familo, Durkin & Frutkin, Cleveland, Ohio, for Appellees.

Before: MARTIN, SILER, and ROGERS, Circuit Judges.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Jerry and Dianne Randleman appeal the district court's decision to decertify the class in an action that they brought against Fidelity National Title Insurance Company. The Randlemans allege that Fidelity failed to provide a discount, as required by its filed rates, when issuing title insurance to homeowners who had purchased a title insurance policy for the same property from any other insurer within the previous...

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