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SHAW v. VALDEZ

No. 84-2791.

819 F.2d 965 (1987)

Barry D. SHAW, individually and on behalf of all other persons similarly situated, Plaintiff-Appellant, v. Ruben A. VALDEZ, in his capacity as Executive Director of the Colorado State Department of Labor and Employment; John Kezer, in his capacity as Director of the Colorado Division of Employment and Training, and Mike L. Baca, Gary D. Rose, and John T. McDonald, in their capacities as Commissioners of the Industrial Commission of the State of Colorado, (Ex-officio Unemployment Compensation Commission of Colorado), Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 26, 1987.

Attorney(s) appearing for the Case

R. Eric Solem, Atty., Pikes Peak Legal Services, Colorado Springs, Colo. (Daniel M. Taubman, Atty., Colorado Coalition of Legal Services Programs, Denver, Colo., was also on brief), for plaintiff-appellant.

Christa D. Taylor, Asst. Atty. Gen., Denver, Colo. (Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., and Richard H. Forman, Sol. Gen., Denver, Colo., were also on brief), for defendants-appellees.

Jordan Rossen, Gen. Counsel, M. Jay Whitman, Associate Gen. Counsel and Richard W. McHugh, Asst. Gen. Counsel, Intern. Union, UAW, Detroit, Mich., for amicus curiae, Intern. Union, UAW.

Before HOLLOWAY, Chief Judge, and LOGAN, Circuit Judge, and BRETT, District Judge.

HOLLOWAY, Chief Judge.

Plaintiff Barry Shaw brought this action against the Executive Director of the Colorado Department of Labor and Employment, the Director of the Colorado Division of Employment and Training, and three members of the Colorado Industrial Commission.1 In his first amended complaint for declaratory and injunctive relief Shaw alleged that Colorado's procedure for administering unemployment compensation benefits violated...

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