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BARNETT v. CALIFANO

No. 1000, Docket 77-6166.

580 F.2d 28 (1978)

Carroll BARNETT and Harold McBrine, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education, and Welfare, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 29, 1978.

Attorney(s) appearing for the Case

Zander B. Rubin, St. Johnsbury, Vt. (Vermont Legal Aid, Inc.), for plaintiffs-appellees.

Robert Varnum, Baltimore, Md., Atty., Dept. of Health, Ed. and Welfare (Barbara Allen Babcock, Asst. Atty. Gen., George W. F. Cook, U. S. Atty., Rutland, Vt., Randolph W. Gaines, Chief of Litigation, Baltimore, Md., of counsel), for defendant-appellant.

Before KAUFMAN, Chief Judge, FEINBERG, Circuit Judge, and WERKER, District Judge.

FEINBERG, Circuit Judge:

The Secretary of the Department of Health, Education and Welfare appeals from various orders of the United States District Court for the District of Vermont, Albert W. Coffrin, J., granting summary judgment in this class action suit brought by disability claimants under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381-85.1 This appeal, like our recent decision in White v. Mathews,

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