ZAMBRANA v. CALIFANO

No. 871, Docket 79-6103.

651 F.2d 842 (1981)

Adelina ZAMBRANA, Anibal Soberal-Perez, Maggie Roberts, Jesus Diaz and Luis Velez, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, Jenny Laurence, Plaintiff-Intervenor-Appellant, v. Joseph CALIFANO, individually and as Secretary of Health, Education and Welfare of the United States, and Stanford Ross, individually and as Commissioner of the Social Security Administration, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 15, 1981.


Attorney(s) appearing for the Case

Kalman Finkel, New York City (The Legal Aid Society, New York City, John E. Kirklin and Arthur J. Fried, New York City, of counsel), for plaintiffs-appellants.

Edward R. Korman, U. S. Atty., E.D.N.Y., Brooklyn, N. Y. (Harvey M. Stone and Richard P. Caro, Asst. U. S. Attys., Brooklyn, N. Y., of counsel), for defendants-appellees.

Before FEINBERG, Chief Judge, VAN GRAAFEILAND, Circuit Judge, and MALETZ, Judge.


VAN GRAAFEILAND, Circuit Judge:

Plaintiffs appeal from an order of the United States District Court for the Eastern District of New York, Eugene H. Nickerson, J., dismissing their class action under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401-31 and 1381-83c, to secure timely disposition of claims which have been remanded to the Social Security Administration (SSA) by a federal court for further proceedings. Plaintiffs sought declaratory...

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