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

Civil Action No. 3:10-0144.

809 F.Supp.2d 496 (2011)

Jeffrey A. MARTIN, and Juanita Fleming as Executrix of the Estate of Arch Fleming, and Barbara Gandee, both individually and on behalf of Others Similarly Situated, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation; and Shannon Cazad, Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

Opinion Denying Certification and Reconsideration October 26, 2011.

Attorney(s) appearing for the Case

Anthony J. Majestro , Powell & Majestro, Charleston, WV, Brent K. Kesner , Ellen R. Archibald , Kesner Kesner & Bramble, Charleston, WV, C. Michael Bee , Douglas A. Spencer , James C. Peterson , Hill Peterson Carper Bee & Deitzler, Charleston, WV, Kevin C. Harris , Law Offices of Harris & Holmes, Ripley, WV, for Plaintiff.

Elizabeth W. Reutter , Lawrence J. Field , Monica L. Davies , Todd A. Noteboom , Minneapolis, MN, Laura L. Gray , R. Carter Elkins , Campbell Woods, Huntington, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, District Judge.

Pending before the Court are Defendants' Motion for Summary Judgment (ECF 128) and Plaintiffs' Motion for Class Certification (ECF 130). The issues have been fully briefed and are ripe for disposition. For the following reasons, the motion for summary judgment is GRANTED in part and DENIED in part and the motion for class certification is DENIED.

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