Legal Opinion

Robert L. Roper v. Consurve, Inc., D/B/A Bankamericard Center, and Deposit Guaranty National Bank, Jackson, Mississippi

Court of Appeals for the Fifth Circuit

Decided August 24, 1978No. 76-3600PublishedCited by 140 opinions

1Opinion of the Court

RUBIN, Circuit Judge:

This ease presents two class action questions: whether the class action claim and, indeed, the entire controversy became moot when, after the trial court denied certification following an evidentiary hearing, the defendant bank tendered to the two class representatives payment in full of the amount each individually claimed and judgment was entered on their behalf; and, if not, whether a class action is superior to other available means for the fair and efficient adjudication of a claim for usurious charges on behalf of a class potentially comprising 90,000 holders of…

2Cases cited44 opinions

  1. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  2. Oppenheimer Fund, Inc. v. SandersSupreme Court of the United States · 1978
  3. East Texas Motor Freight System, Inc. v. RodriguezSupreme Court of the United States · 1977
  4. Hawaii v. Standard Oil Co. of Cal.Supreme Court of the United States · 1972
  5. Eisen v. Carlisle & JacquelinCourt of Appeals for the Second Circuit · 1968

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3Cited by140 opinions

  1. United States Parole Commission v. GeraghtySupreme Court of the United States · 1980
  2. Deposit Guaranty National Bank v. RoperSupreme Court of the United States · 1980
  3. Leonard J. Klay v. Humana, Inc.Court of Appeals for the Eleventh Circuit · 2004
  4. Fed. Sec. L. Rep. P 98,265 Fred Zeidman and Steven Youngelson v. J. Ray McDermott & Co., Inc.Court of Appeals for the Fifth Circuit · 1981
  5. Theodore H. Frank v. Netflix, Inc.Court of Appeals for the Ninth Circuit · 2015

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