Background

On February 28, 1994, OHA published HALLEX Temporary Instruction (TI) 5-437 concerning implementation of the Boring v. Sullivan class action. Paragraph number 9. of the Boring Stipulation and Order (Attachment 1 to the TI) provides that the notice of non-class membership shall contain the name and address of class counsel and shall inform the individual that she or he may obtain assistance from class counsel if she or he wishes to contest the denial of class membership. The paragraph also provides that notice of the decision shall be sent to class counsel.

Explanation of Content and Changes

The class counsel and co-counsel for the West Virginia Legal Services Plan, Inc., in the Boring case, Michael G. Miskowiec and Mary A. Kenney, are now in private practice. Pursuant to agreement with the Legal Services Plan, Mr. Miskowiec remains as class counsel for the Boring class action; however, Ms. Kenney is no longer associated with the case. Because of the change in counsel and the change in class counsel's address, relevant pages in the TI containing related information are being replaced.

Remove

Remove from 5-400, Court Cases:

Page 9, revised July 12, 1995, of TI 5-437 dated February 28, 1994 and page 10 of TI 5-437 dated February 28, 1994 (2 pages).

Attachment 8 to TI 5-437 dated February 28, 1994 (2 pages).

Attachments 9 and 10 to TI 5-437 dated February 28, 1994 (2 pages).

Insert

Insert in 5-400, Court Cases:

Page 9 of TI 5-437, dated May 15, 1996, and page 10, undated (2 pages).

Attachment 8 to TI 5-437, dated May 15, 1996 (2 pages).

Attachment 9 to TI 5-437, undated (1 page), and Attachment 10 to TI 5-437, dated May 15, 1996 (1 page).

Date: May 15, 1996