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LEBEAU v. U.S.

No. CIV.02-4168.

334 F.Supp.2d 1200 (2004)

Barry LEBEAU, Individually and on on behalf of all other persons similarly situated, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. South Dakota, Southern Division.

August 18, 2004.

Attorney(s) appearing for the Case

John M. Grossenburg, Winner, Charles Rick Johnson, Johnson, Eklund, Nicholson & Peterson, Gregory, Mark V. Meierhenry, Danforth, Meierhenry & Meierhenry, Sioux Falls, SD, for Plaintiff.

Jan L. Holmgren, United States Attorney's Office, Sioux Falls, SD, for Defendant.

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

The parties filed cross motions for summary judgment, Docs. 52 and 65. The motions have been fully briefed and the Court heard oral argument on the motions on August 9, 2004, where the Class was represented by class counsel, J.M. Grossenburg and Mark Meierhenry, and class representative Barry LeBeau, and the Defendant was represented by Assistant United States Attorney Jan Holmgren. During the hearing, the...

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