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MERCER v. BIRCHMAN

Civ. No. H-78-71.

533 F.Supp. 1234 (1982)

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 and Human Services, and Richard S. Schweiker, Secretary of the Department of Health and Human Services.

United States District Court, D. Connecticut.

March 11, 1982.

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., Alan H. Nevas, U. S. Atty., New Haven, Conn., for defendants.

RULING ON REMAND

T. EMMET CLARIE, Chief Judge.

The plaintiff, Lucy E. Mercer, and the intervening plaintiff, Ruth Havens, sought and were denied Medicare benefits and instituted this class action in 1978 against the administrative law judges who first heard their claims and the Secretary of the Department of Health, Education and Welfare. The plaintiffs argued that the Medicare claims procedure denied them a reasonable opportunity to be heard in violation...

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