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THIESS v. WITT

No. 96-1060.

100 F.3d 915 (1996)

Niels Th. THIESS, Plaintiff-Appellant, v. James L. WITT, Director, Federal Emergency Management Agency, Defendant-Appellee. Jeanette TYNER and Shirley Buterbaugh, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined January 2, 1997.

Attorney(s) appearing for the Case

Joseph V. Kaplan, Passman & Kaplan, Washington, D.C., argued, for plaintiffs-appellants.

John E. Kosloske, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., argued, for defendants-appellees. With him on the brief were Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director.

Before NEWMAN, MAYER, and RADER, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined January 2, 1997.

PAULINE NEWMAN, Circuit Judge.

This is a consolidated appeal of two actions concerning the same issue of statutory interpretation. One action was filed on behalf of an uncertified class of approximately two thousand persons. The appellants request review of the decisions of the United States District Court for the District of Columbia1 holding, on summary...

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