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BUSCHMANN v. SCHWEIKER

No. 80-3231.

676 F.2d 352 (1982)

Charles A. BUSCHMANN, et al., Plaintiffs-Appellants, v. Richard S. SCHWEIKER, Secretary of the United States Department of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 3, 1982.

Rehearing Denied August 25, 1982.

Attorney(s) appearing for the Case

Michael H. Marcus, Mult. Cty. Legal Aid Serv., Portland, Or., argued, for plaintiffs-appellants; Amy Veranth, Portland, Or., on brief.

Larry K. Banks, Social Sec. Div., Dept. of Health & Human Ser., Baltimore, Md., argued, for defendant-appellee; Judith D. Kobbervig, Asst. U. S. Atty., Portland, Or., Thomas S. Martin, Social Security Div., Dept. of Health & Human Ser. Baltimore, Md., on brief.

Before KILKENNY and GOODWIN, Circuit Judges, and PRICE, District Judge.

GOODWIN, Circuit Judge.

Charles Buschmann and a class consisting of himself and all present and future Supplemental Security Income ("SSI") recipients in Region X appeal from a judgment of the district court upholding the validity of 20 C.F.R. § 416.1125(d).1 Buschmann raises two questions on appeal:

1. Does 20 C.F.R. § 416.1125(d) exceed the Secretary's authority under 42 U.S.C. § 1382a(a)(2)(A) of the Social Security...

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