GENTRY v. COTTON ELEC. CO-OP., INC.

No. 107,019. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2.

268 P.3d 534 (2011)

2011 OK CIV APP 24

Kimberly GENTRY, individually and on behalf of all others similarly situated, Plaintiff/Appellant, v. COTTON ELECTRIC COOPERATIVE, INC., an Oklahoma corporation, Defendant/Appellee.

Court of Civil Appeals of Oklahoma, Division No. 2.

Certiorari Denied February 14, 2011.


Attorney(s) appearing for the Case

Bradley C. West , Terry W. West , Gregg W. Luther , The West Law Firm, Shawnee, OK, for Plaintiff/Appellant.

Richard E. Hornbeek , Daniel E. Bryan, III , Hornbeek, Vitali & Braun, P.L.L.C., Oklahoma City, OK, and J.W. Doolin , Lawton, OK, for Defendant/Appellee.


JOHN F. FISCHER, Presiding Judge.

¶ 1 Kimberly Gentry appeals the denial of her motion for class certification. The district court denied her motion finding that she had failed to satisfy three of the five prerequisites for certification found in 12 O.S.2001 § 2023(A) and (B). We reverse.

BACKGROUND

¶ 2 On March 1, 2006, a fire started in Stephens County that eventually covered more than 13,000 acres. The fire destroyed approximately...

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