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Appealed from: United States District Court for the Northern District of Florida

Chief Judge C. Roger Vinson

William O. Schism and Robert L. Reinlie (the retirees) appeal the grant of summary judgment of the United States District Court for the Northern District of Florida in favor of the government that they are not entitled to free, lifetime health care, and the denial of summary judgment to the retirees. The district court also denied their motion for certification of a class of all military retirees, aged 65 and over, who are receiving social security, are enrolled in Medicare Part B, and who began their service or made service career decisions before 1956, which they do not appeal. See Schism v. United States, 19 F. Supp. 2d 1287 (N.D. Fla. 1998). Because the district court erroneously concluded as a matter of law that the retirees did not prove an implied-in-fact contract with the government, we reverse and remand for determination of damages.

 
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