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HENSON v. EAST LINCOLN TP.

No. 85-3201.

814 F.2d 410 (1987)

Charles R. HENSON, Individually and On Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. EAST LINCOLN TOWNSHIP, an Illinois Municipal Corporation, and All Others Similarly Situated; and Walter Miller, in His Official Capacity As Supervisor of General Assistance in East Lincoln Township, and All Others Similarly Situated, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 11, 1987.

Rehearing and Rehearing Denied June 10, 1987.

Attorney(s) appearing for the Case

Philip C. Milsk, Land of Lincoln Asst. Found. Inc., Carbondale, Ill., for plaintiff-appellant.

Lawrence M. Cohen, Fox & Grove Chtd., Chicago, Ill., Gary M. Peplow, Karen L. Kendall, Heyl, Royster, Voelker & Allen, Peoria, Ill., Gregory E. Pelini, Karen L. Poppe, Pelini & Sheffler, Champaign, Ill., Diane L. Vaksdal, Matthew Y. Biscan, Denver, Colo., Robert L. Zeman, Des Plaines, Ill., Edward F. Diedrich, De Kalb, Ill., for defendants-appellees.

Before POSNER and RIPPLE, Circuit Judges, and CAMPBELL, Senior District Judge.

Rehearing and Rehearing En Banc Denied June 10, 1987.

POSNER, Circuit Judge.

The question for decision is whether classes of defendants are permissible in actions governed by Rule 23(b)(2) of the Federal Rules of Civil Procedure. The district judge said "no," 108 F.R.D. 107 (C.D.Ill.1985), and we must decide whether he was right.

Following Goldberg v. Kelly, 397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970),...

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