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CONNELL v. BOWEN

No. 85-3462.

797 F.2d 927 (1986)

James E. CONNELL, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Otis R. BOWEN, in his official capacity as Secretary of the Department of Health and Human Services of the United States, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 25, 1986.

Attorney(s) appearing for the Case

Sarah H. Bohr, Jacksonville, Fla., for plaintiffs-appellants.

Dorothea Bean, Asst. U.S. Atty., Jacksonville, Fla., Wendy Kloner, U.S. Dept. of Justice, Civil Div., Washington, D.C., for defendant-appellee.

Before FAY, CLARK and NIES, Circuit Judges.

PER CURIAM:

This appeal is dismissed for lack of jurisdiction. Once the district court ordered a remand of Mr. Connell's claim to the Secretary for a review in accord with the law of this circuit, the question of whether or not to certify a class became moot and should not have been reached. The ruling denying certification of a class is vacated.

DISMISSED.

CLARK, Circuit Judge, dissenting:

I have been unable to discover any basis for concluding...

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