Section 37-6-20, Ala. Code 1975; Electric Cooperatives and Patronage-Refunds
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By
Cunningham Bounds LLC
Recherche, LLC v. Baldwin County Elect. Membership Corp., [Ms. 1171144, Oct. 18, 2019] __ So. 3d __ (Ala. 2019). The Court (Stewart,
J.; Parker, C.J., and Bolin, Wise, and Sellers, JJ., concur) affirms the
dismissal by the Baldwin Circuit Court of a class action complaint ostensibly
brought by members of the Baldwin County Electric Membership Corporation,
which sought an order directing the Electric Cooperative to make annual
cash refunds to its members of excess revenues. Construing § 37-6-20,
Ala. Code 1975, in the light of several federal decisions construing the
same statute, the Court holds there is no requirement in § 37-6-20
on the part of the Cooperative to make annual cash distributions to members
such that the Baldwin Circuit Court properly dismissed the class action
complaint.
