No. 91-1643.

971 F.2d 81 (1992)

Daniel J. SCHOOLCRAFT; Theodore Thomas, and Joseph Drumbeater, individually and on behalf of all others similarly situated, Appellants, v. Louis W. SULLIVAN, M.D., Secretary of Department of Health and Human Services; Walter Roers, in his official capacity as Director of the Disability Determination Services; R. Jane Brown, in her official capacity as Commissioner of the Minnesota Department of Jobs and Training, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 2, 1992.

Rehearing and Rehearing Denied October 9, 1992.

Attorney(s) appearing for the Case

Laurie N. Davison, Minneapolis, Minn., argued (M. Francesca Chervenak, Kathleen M. Davis, and Barbara J. Kuhn, on the brief), for appellants.

Howard S. Scher, Dept. of Justice, Washington, D.C., argued (Donald Notvik, Asst. Atty. Gen., St. Paul, Minn., on the brief), for appellees.

Before LAY, Chief Judge, ARNOLD, Circuit Judge, and STUART, Senior District Judge.

Rehearing and Rehearing En Banc Denied October 9, 1992.

LAY, Chief Judge.

This is an appeal from the district court's1 award of summary judgment dismissing a class action2 complaint filed by three individuals, Daniel J. Schoolcraft, Theodore Thomas and Joseph Drumbeater, against Louis W. Sullivan, Secretary of the Department of Health and Human Services (Secretary...

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