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GOODNIGHT v. CHATER

No. 2:92CV279.

960 F.Supp. 1538 (1997)

David L. GOODNIGHT, et al., Plaintiffs, v. Shirley S. CHATER, et al., Defendants.

United States District Court, D. Utah, Central Division.

April 14, 1997.

Attorney(s) appearing for the Case

Karen K. Fox, Helena, MT, Maureen L. Cleary, St. Scholastica Priory, Petersham, MA, Brent V. Manning, Holme Roberts & Owen, Salt Lake City, UT, for Plaintiffs.

John S. McAllister, Utah Attorney General's Office, Education Div., Salt Lake City, UT, Brian G. Kennedy, Pamela Moreau, U.S. Department of Justice, Washington, DC, Carlie Christensen, Asst. U.S. Attorney, Scott M. Matheson, Jr., Office of the U.S. Attorney, Salt Lake City, UT, Stuart M. Gerson, U.S. Dept. of Justice, Civil Div., Washington, DC, for Defendants.

MEMORANDUM DECISION AND ORDER DENYING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT

WINDER, Chief Judge.

This matter is before the court on Plaintiffs' and Defendants' cross-motions for summary judgment. Plaintiffs comprise a class which was previously certified by this court pursuant to Fed.R.Civ.P. 23. See Goodnight v. Shalala,

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