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JAMES v. HOME CONST. CO., INC.

Civ. A. No. 77-324-H.

458 F.Supp. 54 (1978)

Roscoe JAMES, Individually and as Administrator of the Estate of Rebecca G. James, Plaintiff, v. HOME CONSTRUCTION COMPANY, INC., Defendants.

United States District Court, S. D. Alabama, S. D.

August 11, 1978.

Attorney(s) appearing for the Case

H. Diana Hicks, Mobile, Ala., for plaintiff.

Richard L. Thiry, Mobile, Ala., for defendants.

ORDER

HAND, District Judge.

This matter is presently before the Court on the defendants' motion to dismiss and, in the alternative, on the defendants' motion in opposition to the maintenance of this lawsuit as a class action.

In their motion to dismiss, the defendants contend that the complaint and the amended complaint failed to state a claim upon which relief can be granted, alleging that the plaintiff has no individual claim on the ground that...

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