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CASH v. CALIFANO

No. 79-1279.

621 F.2d 626 (1980)

Francis A. CASH, Appellee, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education & Welfare, Appellant, J. B. Hutton, Jr., Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided May 19, 1980.

Attorney(s) appearing for the Case

A. George Lowe, Dept. of Health, Education & Welfare, Baltimore, Md. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Paul R. Thomson, Jr., U. S. Atty., Morgan E. Scott, Jr., Asst. U. S. Atty., Roanoke, Va., Randolph W. Gaines, Chief of Litigation, Dept. of Health, Education & Welfare, Baltimore, Md., Edith R. Perez, Third Year Law Student, on brief), for appellant.

Francis A. Cash, pro se.

Before HAYNSWORTH, Chief Judge, MURNAGHAN, Circuit Judge, and HAWKINS, District Judge.

HAYNSWORTH, Chief Judge:

The central question presented on this appeal is whether the rule of Califano v. Goldfarb, 430 U.S. 199, 97 S.Ct. 1021, 51 L.Ed.2d 270 (1977) should be applied to a case which was pending before the Secretary of HEW at the time Goldfarb was decided. The Secretary contends that Goldfarb should be applied prospectively only. Furthermore, the Secretary argues that should Goldfarb be...

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