Notice: Eighth Circuit Rule 28a(k) Governs Citation of Unpublished Opinions and Provides That They Are Not Precedent and Generally Should Not Be Cited Unless Relevant to Establishing the Doctrines of Res Judicata, Collateral Estoppel, the Law of the Case, or if the Opinion Has Persuasive Value on a Material Issue and No Published Opinion Would Serve As Well.james Schroeder, on Behalf of Himself and As Arepresentative of the Class Herein Defined, Appellant, v. Phillips Petroleum Company, Appellee, 963 F.2d 376 (8th Cir. 1992)