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ZAMBARDINO v. SCHWEIKER

No. 81-1799.

668 F.2d 194 (1981)

Zoraida ZAMBARDINO, Appellee, v. Richard SCHWEIKER, Secretary of the Department of Health and Human Services, and Francis J. McDonough, Social Security District Manager, Jersey City, New Jersey, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 28, 1981.

Attorney(s) appearing for the Case

Juan del Real, Acting Gen. Counsel, Barbara Spivak, Regional Atty. (argued), Tamar K. Klein, Barbara Strauss, Asst. Regional Attys., Dept. of Health and Human Services, New York City, Mary C. Cuff, Asst. U. S. Atty., Civ. Div., Newark, N. J., for appellants.

Theodore A. Gardner (argued), Hudson County Legal Services, Jersey City, N. J., for appellee.

Before SEITZ, Chief Judge, GARTH, Circuit Judge, and POLLAK, District Judge.

OPINION OF THE COURT

SEITZ, Chief Judge.

The Secretary of Health and Human Services appeals from a final order of the district court granting Zoraida Zambardino's motion for class certification and granting Zambardino's motion for summary judgment in a modified form. This court has jurisdiction under 28 U.S.C. § 1291 (1976).

I.

On February 29, 1980, the Social Security Administration (SSA) determined that Zoraida Zambardino had become...

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