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AHMAD v. OLD REPUBLIC NAT. TITLE INS. CO.

No. 11-10695.

690 F.3d 698 (2012)

Gary AHMAD, Individually and on behalf of all others similarly situated; Mirvat Ahmad, Individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, Defendant-Third Party Plaintiff-Appellant.

United States Court of Appeals, Fifth Circuit.

August 13, 2012.

Attorney(s) appearing for the Case

Eric Graham Calhoun (argued), Travis, Calhoun & Conlon, P.C., Dallas, TX, for Plaintiffs-Appellees.

Steven P. Benenson (argued), Porzio, Bromberg & Newman, P.C., Morristown, NJ, George Roland Love , Kristen Lee Sherwin , Winstead, P.C., Dallas, TX, for Defendant-Third Party Plaintiff-Appellant.

Before KING, HIGGINBOTHAM and HAYNES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is an interlocutory appeal from the district court's grant of class certification in a case involving allegations that the defendant title insurance company charged premiums for title policies that exceeded the refinance rates set by the Texas Department of Insurance in TEXAS INSURANCE CODE Rate Rule R-8. For the reasons that follow, we REVERSE the district court's grant of class certification and REMAND for further proceedings...

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