BLAYLOCK v. SCHWINDEN

No. 87-3952.

856 F.2d 107 (1988)

Nathaniel B. BLAYLOCK; Jerry C. Burgin; Elmer D. Hansen; Richard Hofmann; Morgan Logan; Robert W. Jacobs; Tim Mace; Michael McClure; Robert N. Moore; Gerald Wheeler and approximately 396 others similarly situated, Plaintiffs-Appellants, v. Ted SCHWINDEN, individually and Governor of the State of Montana; Dave Hunter; Dave Manzenreid, individually and as former heads of the Montana State Department of Labor and Industry; Gary Blewett individually and as administrator for the Montana State Division of Workers' Compensation; Andrew J. Kiely, individually and as former special projects officer, Insurance Compliance Bureau, Montana State Division of Workers' Compensation; James J. Murphy, individually and as special projects officer, Insurance Compliance Bureau, Montana State Division of Workers' Compensation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 7, 1988.


Attorney(s) appearing for the Case

Lee R. Kerr, Kelleher Law Firm, Billings, Mont., for plaintiffs-appellants.

Chris D. Tweeten, Asst. Atty. Gen., Dept. of Justice, Helena, Mont., for defendants-appellees.

Before TANG and CANBY, Circuit Judges, and TAKASUGI, District Judge.


CANBY, Circuit Judge:

This class action was brought under 42 U.S.C. § 1983 on behalf of approximately 400 former employees of Great Western Sugar Company ("Great Western"). The defendants, sued both in their individual and official capacities, are the Governor of Montana, two former commissioners of the Montana Department of Labor and Industry, and the administrator and two employees of the Montana Division of Workers' Compensation. The complaint alleged that...

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