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DE LAO v. CALIFANO

Nos. 76-1365, 75-2633, 75-2987 and 76-2756.

560 F.2d 1384 (1977)

Santiago DE LAO and Frank Brito, Plaintiffs-Appellees, v. Joseph A. CALIFANO, Jr., successor to Caspar Weinberger, Secretary, Department of Health, Education, and Welfare, et al., Defendants-Appellants. Arthur FERGUSON, Plaintiff-Appellant, v. Joseph A. CALIFANO, Jr., successor to Caspar Weinberger, Secretary, Department of Health, Education, and Welfare, et al., Defendants-Appellees. Arthur FERGUSON, Plaintiff-Appellee, v. Joseph A. CALIFANO, Jr., successor to Caspar Weinberger, Secretary, Department of Health, Education, and Welfare, et al., Defendants-Appellants. Walter J. WHITE et al., Plaintiffs-Appellants, v. Joseph A. CALIFANO, Jr., successor to Caspar Weinberger, Secretary, Department of Health, Education, and Welfare, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

September 19, 1977.

Attorney(s) appearing for the Case

Harry R. Silver, Dept. of Justice, Washington, D. C., argued for defendants-appellants in 75-2987 and 76-1365, and for defendants-appellees in 75-2633.

Steven L. Bunch, of Montana Legal Services Assn., Helena, Mont., argued for plaintiff-appellee in 75-2987 and for plaintiff-appellant in 75-2633.

Andrew M. Hull, Maricopa County Legal Aid Society, El Mirage, Ariz., argued for plaintiffs-appellees in 76-1365.

Before DUNIWAY and CHOY, Circuit Judges, and BONSAL, District Judge.

DUNIWAY, Circuit Judge:

These are class actions against the Secretary of Health, Education, and Welfare, challenging his termination, without a prior evidentiary hearing, of certain disability payments under the federal Supplemental Security Income program (SSI), 42 U.S.C. Ch. 7, Sub. Ch. XVI, §§ 1381ff.

I. STATUTORY AND FACTUAL BACKGROUND.

On October 30, 1972, Congress enacted the Social Security Amendments of 1972, Pub.L. 92-603, 86 Stat...

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