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GRAY PANTHERS v. SCHWEIKER

No. 79-1603.

652 F.2d 146 (1980)

GRAY PANTHERS et al., Appellants, v. Richard S. SCHWEIKER, Secretary of the Department of Health and Human Services.

United States Court of Appeals, District of Columbia Circuit.

Decided October 24, 1980.

As Modified on Rehearing March 18, 1981.

Attorney(s) appearing for the Case

Sally Hart Wilson, Los Angeles, Cal., of the bar of the Supreme Court of California pro hac vice by special leave of Court with whom Edward C. King, Washington, D.C., was on the brief, for appellants.

Eugene Tillman, Atty., Dept. of Health and Human Services, Washington, D. C., with whom Carl S. Rauh, U. S. Atty., Washington, D. C., at the time of the brief was filed and Robert P. Jaye, Acting Asst. Gen. Counsel, Dept. of Health and Human Services, Washington, D. C., were on the brief, for appellees.

Before WILKEY, WALD and EDWARDS, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

This case is a class action brought by the Gray Panthers1 and three named beneficiaries of the Medicare program challenging the procedures for resolving disputes concerning program benefits of less than $100. The Secretary claims the current notice and "paper hearing" provided by his regulations meet constitutional due process requirements.

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