WRIGHT v. CALIFANO

No. 77-2288.

603 F.2d 666 (1979)

Anna WRIGHT and Roland Wright, Individually and on behalf of all others similarly situated, Plaintiff-Appellees, v. Joseph A. CALIFANO, Secretary of the Department of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 14, 1979.

Rehearing Denied October 23, 1979.


Attorney(s) appearing for the Case

John Wojciechowski, Dept. of Health, Ed. and Welfare, Baltimore, Md., for defendant-appellant.

James D. Weill, Robert Berger and Jane G. Stevens, Legal Assistance Foundation, Chicago, Ill., for plaintiffs-appellees.

Before FAIRCHILD, Chief Judge, and PELL and TONE, Circuit Judges.


TONE, Circuit Judge.

The two principal issues raised in this case are (1) whether the doctrine of sovereign immunity bars the award of erroneously withheld Social Security Act benefits in an action under the judicial review provisions of the Act and (2) whether the district court's order is so ambiguous as to require remand for clarification. We answer both questions in the negative and affirm the district court's judgment granting relief to the plaintiff class.<...

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