Ex Parte Exide Corp.

Following a hearing on a "Motion to Certify Class" filed in the action brought by Eddie Walton Davis, Pete Melvin McQueen, and Curtis Crews, individually and as class representatives, against Exide Corporation, the trial court, under Rule 23(b)(3), Ala.R.Civ.P., orally "certif[ied] the class."1 We assume that the class the court certified was the class the plaintiffs had requested that it certify, which was:

"All retail customers residing in the State of Alabama who since 1991 purchased used or previously sold Exide batteries which were sold and marketed to them as new, first quality Exide…