MERCER v. BIRCHMAN

No. H-78-71.

510 F.Supp. 99 (1981)

Lucy E. MERCER and Ruth Havens, Individually and On Behalf of All Those Similarly Situated v. Bruce Lee BIRCHMAN, Administrative Law Judge, Department of Health, Education and Welfare, and Richard S. Schweiker, Secretary of Health and Human Services.

United States District Court, D. Connecticut.

March 5, 1981.


Attorney(s) appearing for the Case

Judith Stein Hulin, Charles C. Hulin, Norman K. Janes, Douglas M. Crockett, Connecticut Legal Services, Willimantic, Conn., for plaintiffs.

Frank Santoro, Asst. U. S. Atty., Richard Blumenthal, U. S. Atty., New Haven, Conn., for defendants.


RULING ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND SUA SPONTE ORDER OF DISMISSAL

CLARIE, Chief Judge.

In 1978 the named plaintiff, Lucy E. Mercer, and the intervening plaintiff, Ruth Havens, brought this class action against the administrative law judges who first heard their medicare claims and against the Secretary of what was then called the Department of Health, Education, and Welfare, ("the Secretary") alleging that the medicare claims procedure...

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