Adams v. Robertson, 520 U.S. 83, 3 (1997) (per curiam)

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Cite as: 520 U. S. 83 (1997)

Per Curiam

Per Curiam.

We granted a petition for certiorari to the Supreme Court of Alabama to decide whether the Alabama courts' approval of the class action and the settlement agreement in this case, without affording all class members the right to exclude themselves from the class or the agreement, violated the Due Process Clause of the Fourteenth Amendment. The Alabama Supreme Court did not address this federal issue, and it is now apparent that petitioners have failed to establish that they properly presented the issue to that court. We therefore dismiss the writ as improvidently granted.

I

In 1992, respondent Charlie Frank Robertson filed a class-action suit in an Alabama trial court, alleging that Liberty National Life Insurance Company had fraudulently encouraged its customers to exchange existing health insurance policies for new policies that, according to Robertson, provided less coverage for cancer treatment. The trial court appointed Robertson as class representative and certified the

Solicitor General, and Shirley F. Sarna, Nancy A. Spiegel, and Joy Feigenbaum, Assistant Attorneys General, Jeffrey L. Amestoy, Attorney General of Vermont, and Elliot Burg, Assistant Attorney General, Winston Bryant, Attorney General of Arkansas, Daniel E. Lungren, Attorney General of California, Richard Blumenthal, Attorney General of Connecticut, Robert A. Butterworth, Attorney General of Florida, Alan G. Lance, Attorney General of Idaho, James E. Ryan, Attorney General of Illinois, Tom Miller, Attorney General of Iowa, Carla J. Stovall, Attorney General of Kansas, Frank J. Kelley, Attorney General of Michigan, Hubert H. Humphrey III, Attorney General of Minnesota, Jeremiah W. (Jay) Nixon, Attorney General of Missouri, Frankie Sue Del Papa, Attorney General of Nevada, Jeffrey R. Howard, Attorney General of New Hampshire, Michael F. Easley, Attorney General of North Carolina, Heidi Heitkamp, Attorney General of North Dakota, W. A. Drew Edmondson, Attorney General of Oklahoma, Thomas W. Corbett, Jr., Attorney General of Pennsylvania, Charles W. Burson, Attorney General of Tennessee, and Charles F. C. Ruff, Corporation Counsel of the District of Columbia.

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