Professional Documents
Culture Documents
March 2, 1993
No. 92-2079
ROBERT GRIFFITH, ET AL.,
Plaintiffs, Appellants,
v.
LOUIS M. SULLIVAN, M.D., SECRETARY
OF HEALTH AND HUMAN SERVICES,
Defendant, Appellee.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. William G. Young, U.S. District Judge]
___________________
____________________
Before
Torruella, Circuit Judge,
_____________
Campbell, Senior Circuit Judge,
____________________
and Stahl, Circuit Judge.
_____________
_____________________
Sarah F. Anderson, Greater
_________________
____________________
March 2, 1993
____________________
B reimbursement process.
We
do not
reach the
merits of
the merits of
them here.
We will
recount only
to the
Griffith commenced
themselves
claimed that
and all
this
others
they were
case
with
similarly
denied coverage
Katherine
situated."
for durable
constitutional law.2
The
complaint
indicated plaintiffs'
the district
of Health and
court
certified
the class,
the
sent checks to
Griffith and Nadworny for the amount they would have received had
their Medicare Part B claims been granted.
The
substituting
district
June
Burns
court
and
later
Amelio
certified
Bianchi
class,
as
class
____________________
1
3344,
and the
Constitution.
Due
Process
Clause
of
the
United
States
-3-
representatives.
Robert
Griffith
and
Katherine
Nadworny
notice of appeal in
style of "Robert
relevant part
Griffith, et
al., plaintiffs."
in
R.
App. P.
3(c)
appeal."
The
rule
is
plainly
requires that
the party or
"[t]he
jurisdictional
threshold;
its
. . .
constitutes a failure
314.
The
rule ensures
of that party
that both
to appeal."
the appellee
and the
Id. at
___
court
receive
of the appellants,
that the
"Robert
designation sufficed
to properly name
We disagree.
necessary
Griffith, et
al."
as a
or appellee, to
Id.
___
-4-
The
suddenly effective.
Cir. 1992);
F.2d 1293,
Hammon v.
______
785, 786
(D.C.
961
3261
(1992).
The decisions
F.2d
388, 398
Rockefeller,
___________
denied,
______
885
Cir. 1989)
F.2d 1060,
Mancusi
_______
contrary to
when
n.8 (5th
1061
v. Al-Jundi,
________
our result.
and
Al-Jundi v.
________
n.1
112 S.
In those
(2d
Ct.
Estate of
_________
Cir. 1989),
182 (1991),
cert.
_____
are not
held that
with the
appealed properly.
In
following, the
the present
case,
entire class
however,
other potential
the
even
had
As neither the
as a
proper
the
appellants exactly
to
contain, we
purpose
of
informing
future
adopt
the requirement
D.C. Circuit.
As
imposed
class
notice of appeal
by the
of appeal
action
Seventh
framed this
name of
such as
'John Smith,
individually
-5-
or 'John
The only
must
remaining plaintiff
to
recover.
is Robert Griffith.
moot because, as
he was
We
-6-