PRICE v. MARTIN

No. 10-599.

56 So.3d 1109 (2011)

Roger E. PRICE, et al. v. Roy O. MARTIN, et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied March 30, 2011.


Attorney(s) appearing for the Case

Raymond L. Brown, Jr. , Charles Stovall Weems, III , Gold, Weems, Bruser, Sues & Rundell, A Professional Law Corporation, Alexandria, LA, for Defendant/Appellant, Roy O. Martin.

Charles Fenner Gay, Jr. , Raymond Peter Ward , Don S. McKinney , Adams & Reese, LLP, New Orleans, LA, for Defendant/Appellant, Beazer East, Inc.

Stephen Miller Irving , Attorney at Law, Baton Rouge, LA, for Plaintiff/Appellee, Roger E. Price, et al.

Joseph J. McKernan , John H. Smith , McKernan Law Firm, Baton Rouge, LA, for Plaintiff/Appellee, Roger E. Price, et al.

John Chandler Loupe , Attorney at Law, Baton Rouge, LA, for Plaintiff/Appellee, Roger E. Price, et al.

Richard Edward Sarver , Barrasso, Usdin, Kupperman, Freeman & Sarver, News Orleans, LA, for Defendant/Appellant, Roy O. Martin.

Brent R. Austin , Attorney at Law, Chicago, IL, for Defendant/Appellant, Beazer East, Inc.

Leonard S. Kurfirst , Wildman Harrold Allen & Dixon, Chicago, IL, for Defendant/Appellant, Beazer East, Inc.

Court composed of JOHN D. SAUNDERS, J. DAVID PAINTER, and SHANNON J. GREMILLION, Judges.


GREMILLION, Judge.

The defendants, Roy O. Martin Lumber Company and Beazer East, Inc., appeal the trial court's certification of the plaintiffs' class action. For the following reasons, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

This litigation has a lengthy and complicated history. The plaintiffs, who reside in Alexandria, Louisiana near the Dura-Wood Treating Company (which was owned by Martin from 1970 to 2000), filed suit urging that Dura-Wood...

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