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KIRK v. SECRETARY OF HEALTH AND HUMAN SERVICES

Nos. 80-1535, 80-5295, 80-5312 and 80-5340.

667 F.2d 524 (1981)

Bobby H. KIRK, James C. Stallings, James Leonard, Herman Melvin, Plaintiffs-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 22, 1981.

Rehearing and Rehearing Denied February 19, 1982.

Attorney(s) appearing for the Case

Scott Daniel and D. C. Daniel, Jr., Murfreesboro, Tenn., Michael T. Tabor and Jane Jarvis, West Tenn. Legal Services, Jackson, Tenn., Karen P. Dennis and Donald A. Donati, Memphis Area Legal Services, Inc., Memphis, Tenn., for plaintiffs-appellants.

Hal D. Hardin, U. S. Atty., Margaret M. Huff, Asst. U. S. Atty., Nashville, Tenn., W. J. Michael Cody, U. S. Atty., Arthur S. Kahn, Asst. U. S. Atty., Memphis, Tenn., Anne Buxton Sobol, Paul Blankenstein, Robert S. Greenspan, Civ. Div., Appellate Staff, Dept. of Justice, Washington, D. C., for defendant-appellee.

Before KENNEDY and MARTIN, Circuit Judges, and COWEN, Senior Judge, United States Court of Claims.

Rehearing and Rehearing En Banc Denied February 19, 1982.

CORNELIA G. KENNEDY, Circuit Judge.

This consolidated appeal requires that we decide the constitutionality of the medical-vocational guidelines recently authorized by the Secretary of Health and Human Services for use in disability determinations. For the reasons stated herein, we find the guidelines constitutional and within the Secretary's statutory authority to promulgate regulations.

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