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SMITH v. KIRK

No. 86-3587.

821 F.2d 980 (1987)

G. Michael SMITH, on behalf of himself and all others similarly situated; Sharon Dehaven, on behalf of herself and all others similarly situated, Plaintiffs-Appellants, v. Phillip J. KIRK, Jr., in his official capacity as Secretary of the North Carolina Department of Human Resources; Claude A. Myer, in his official capacity as Director of the North Carolina Division of Vocational Rehabilitation Services, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 24, 1987.

Rehearing and Rehearing Denied August 3, 1987.

Attorney(s) appearing for the Case

M. Travis Payne, Raleigh, N.C., (Edelstein and Payne, on brief), for plaintiffs-appellants.

Ann Reed, Special Deputy Atty. Gen., Raleigh, N.C., (Lacy H. Thornburg, Atty. Gen., on brief), for defendants-appellees.

Before SPROUSE and WILKINSON, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

Rehearing and Rehearing En Banc Denied August 3, 1987.

SPROUSE, Circuit Judge:

G. Michael Smith and Sharon DeHaven (hereafter Smith) appeal from the district court's partial dismissal1 of their 42 U.S.C. § 1983 class action2 against Phillip J. Kirk, Secretary of the North Carolina Department of Human Resources, and Claude A. Myer, Director of the North...

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