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SMITH v. SCHWEIKER

No. 864, Docket 82-6272.

709 F.2d 777 (1983)

Leon SMITH and Jane Doe, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, David B. Owen, Clarence H. Hollis, Eleanor Pope and Maynard Nunn, Plaintiffs-Intervenors-Appellants, v. Richard S. SCHWEIKER, in his official capacity as Secretary of Health and Human Services and Theodore Allen, in his official capacity as Director of the Vermont Disability Determination Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 1, 1983.

Attorney(s) appearing for the Case

Wendy Morgan, Vermont Legal Aid, Inc., St. Johnsbury, Vt. (John Hasen, Vermont Legal Aid, Inc., Burlington, Vt., John P. Wesley, Vermont Legal Aid, Inc., Springfield, Vt., of counsel) for plaintiffs-appellants.

Nicholas S. Zeppos, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Dept. of Justice, William Kanter, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., George W.F. Cook, U.S. Atty., D. Vt., Rutland, Vt., of counsel) for defendants-appellees Secretary of Health and Human Services.

Before PIERCE, WINTER and PRATT, Circuit Judges.

WINTER, Circuit Judge:

This is an appeal from a dismissal of a class action challenging Vermont's method of terminating disability benefits previously awarded under either Titles II or XVI of the Social Security Act, as approved by the Secretary of Health and Human Services (Secretary). 42 U.S.C. §§ 401-431 (1976 and Supp. IV 1980); 42 U.S.C. §§ 1381-1383 (1976 and Supp. IV 1980). Because the federal courts have no jurisdiction over plaintiffs...

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