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DEGNAN v. BURWELL

No. 13-3055.

765 F.3d 805 (2014)

Charles DEGNAN; Kenneth McCardle; Virginia Belford; Dale Erlandson, Individually and on behalf of a class, Plaintiffs-Appellants v. Sylvia BURWELL, Secretary of the Department of Health and Human Services; Carolyn W. Colvin, Acting Commissioner of the Social Security Administration, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 25, 2014.

Attorney(s) appearing for the Case

Barry L. Pickens , argued. Overland Park, KS ( Douglas M. Weems , Stephanie Lovett-Bovmian , Kansas City, MO, Brian J. Christensen , Overland Park, KS, Charles A. Bird , Andrea Beth Niesen , James P. Ryan, Jr. , Seyed Masood Dehnavifar , Rochester, MN, on the brief), for appellant.

Lucy Christine Lisiecki , argued, Chicago, IL ( Friedrich Anson Paul Siekert , AUSA, of Minneapohs, MN, on the brief), for appellee.

Before LOKEN, BEAM, and GRUENDER, Circuit Judges.

BEAM, Circuit Judge.

Charles Degnan, Kenneth McCardle, Virginia Belford, and Dale Erlandson appeal the district court's2 dismissal of their amended complaint for lack of subject matter jurisdiction and mandamus jurisdiction based on their failure to exhaust administrative remedies. We affirm.

I. BACKGROUND

Degnan, along with the other named plaintiffs, filed this lawsuit in the United States District Court for the District...

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