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MERCER v. BIRCHMAN

No. 278, Docket 82-6142.

700 F.2d 828 (1983)

Lucy E. MERCER and Ruth Havens, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Bruce Lee BIRCHMAN and Richard S. Schweiker, Secretary of the Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 9, 1983.

Attorney(s) appearing for the Case

Judith Stein Hulin, Charles C. Hulin and William A. Dombi, Legal Assistance to Medicare Patients, Willimantic, Conn., for plaintiffs-appellants.

Clifford M. Pierce, Asst. Regional Atty., Dept. of Health and Human Services, Boston, Mass., Alan H. Nevas, U.S. Atty., D. Conn., Frank H. Santoro, Asst. U.S. Atty., New Haven, Conn., for defendants-appellees.

Before FRIENDLY, KEARSE and PRATT, Circuit Judges.

FRIENDLY, Circuit Judge:

These appeals are from orders of Chief Judge Clarie in the District Court for Connecticut, 533 F.Supp. 1234, which dismissed a claim asserted by Lucy Mercer, a recipient of benefits under title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq. (Medicare), individually and on behalf of a class of all individuals who have been denied a reasonable opportunity for a hearing to appeal the...

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