PAGE v. SCHWEIKER

No. 85-5034.

786 F.2d 150 (1986)

PAGE, Helen M., on behalf of herself and all others similarly situated v. SCHWEIKER, Richard E., Secretary of the Dept. of Health and Human Services. Appeal of James J. WEST, the United States Attorney for the Middle District of Pennsylvania, on Behalf of the SECRETARY OF HEALTH AND HUMAN SERVICES.

United States Court of Appeals, Third Circuit.

Decided March 14, 1986.


Attorney(s) appearing for the Case

Richard K. Willard, Acting Asst. Atty. Gen., David Dart Queen, U.S. Atty., Barbara L. Kosik, Scranton, Pa., Susan Wakshul, Office of the Gen. Counsel, Baltimore, Md., Robert S. Greenspan, John M. Rogers, (argued), Washington, D.C., for appellant.

Susan Wood, (argued), Paul D. Welch, New Bloomfield, Pa., for appellee.

Before HUNTER, GARTH and HIGGINBOTHAM, Circuit Judges.


OPINION ANNOUNCING THE JUDGMENT OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This is an appeal from an order of the United States District Court for the Middle District of Pennsylvania denying a motion by the Secretary of Health and Human Services ("Secretary") for relief from judgment pursuant to Fed.R.Civ.P. 60(b). The underlying judgment, in accordance with the district court's determination that the Secretary could not lawfully recoup over...

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