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BEROTH OIL CO. v. NCDOT

No. COA11-1012.

725 S.E.2d 651 (2012)

BEROTH OIL COMPANY, Paula and Kenneth Smith, Barbara Clapp, Pamela Moore Crockett, W.R. Moore, N & G Properties, Inc. and Elton V. Koonce, Plaintiffs, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Defendant.

Court of Appeals of North Carolina.

May 15, 2012.

Attorney(s) appearing for the Case

Hendrick Bryant Nerhood & Otis, LLP, Winston-Salem, by Matthew H. Bryant , T. Paul Hendrick , Timothy Nerhood , and Kenneth C. Otis III , for Plaintiff-appellants.

Attorney General Roy Cooper , by Assistant Attorney General Dahr Joseph Tanoury , for Defendant-appellee.

HUNTER, JR., ROBERT N., Judge.

Beroth Oil Company, Barbara Clapp, Pamela Moore Crockett, W.R. Moore, N & G Properties, Inc., Elton V. Koonce, and Paula and Kenneth Smith (collectively, "Plaintiffs") appeal from the trial court's 20 May 2011 order denying Plaintiffs' motion for class certification pursuant to Rule 23 of the North Carolina Rules of Civil Procedure. For the following reasons, we affirm.

I. Factual & Procedural Background

Plaintiffs...

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