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BERG v. SHEARER

No. 84-1280.

755 F.2d 1343 (1985)

Charles D. BERG, On behalf of himself and all other persons similarly situated, Appellants, v. Colleen SHEARER, Individually and in her official capacity as Commissioner, Iowa Department of Job Service and Paul Moran, Individually and in his official capacity as Administrator, Job Insurance Division, Iowa Department of Job Service, Richard Freeman, Individually and in his official capacity as acting Commissioner, Iowa Department of Job Service, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 5, 1985.

Attorney(s) appearing for the Case

John Lansing Brown, Dubuque, Iowa, for appellants.

Joseph L. Bervid, Des Moines, Iowa, for appellees.

Before LAY, Chief Judge, and ROSS and McMILLIAN, Circuit Judges.

LAY, Chief Judge.

Charles Berg brought this class action alleging that the Iowa Department of Job Service's (the Job Service) method of assessing and imposing administrative penalties is both constitutionally and statutorily impermissible. The district court, the Honorable Edward J. McManus presiding, held that the practices of the Job Service violate neither due process rights nor federal statutory requirements. We affirm.

Facts

In April of 1977...

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