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BEAMON v. BROWN

No. 96-3923.

125 F.3d 965 (1997)

James BEAMON; Charles Boyd; Cecil Holbrook, on behalf of themselves and all other similarly situated persons, Plaintiffs-Appellants, v. Jesse BROWN, in his official capacity as Secretary, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 18, 1997.

Attorney(s) appearing for the Case

Michael J. Mooney, Barbara J. Cook (argued and briefed), Cincinnati, Ohio, for Plaintiffs-Appellants.

Barbara C. Biddle (briefed), Department of Justice Appellate Staff, Civil Division, Sandra Wien Simon (argued and briefed), U.S. Department of Justice, Appellate Staff, Civil Division, Washington, DC, for Defendant-Appellee.

Before: LIVELY, KENNEDY, and NORRIS, Circuit Judges.

KENNEDY, Circuit Judge.

OPINION

Plaintiffs-Appellants, James Beamon, Charles Boyd, and Cecil Holbrook, on behalf of themselves and all other similarly situated persons, appeal the District Court's order granting the motion of defendant-appellee, Jesse Brown, in his official capacity as Secretary, United States Department of Veterans Affairs, to dismiss plaintiffs' claims for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure...

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