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Joe Ann HAMILTON; Ernest Hamilton; Allean Brooks, Indi v. dually and on Behalf of All Others Similarly Situated; Carolyn Johnson, Indi

PER CURIAM:[fn*] [fn*] Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

This court recently affirmed the denial of class certification in a suit involving title insurance premium discounts allegedly due under Texas law. Benavides v. Chicago Title Insurance Co., 636 F.3d 699 (5th Cir. 2011). Since the present case involves issues similar to those addressed in Benavides, we VACATE the district court's class certification order and REMAND for reconsideration in light of Benavides.

Without expressing a view on the merits of this case, we also caution plaintiffs counsel to avoid unnecessarily extending this litigation if Benavides compels an end to it. See 28 U.S.C. § 1927.

VACATED and REMANDED.

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HAMILTON v. FIRST AMERICAN TITLE INS. CO
(Apr 27, 2011)