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KUEHNER v. SCHWEIKER

No. 82-1514.

717 F.2d 813 (1983)

Frank KUEHNER, Dorothy Burayak, Richard Burns, Alice Hetherington, Frank Jennings, Jr., Philip Fisher, Clinton Royal, Solomon Katz, Raymond Staniewicz, James N. McKeown, James Loughlin, Margaret Douglas, Lawrence Cook, Steven Sverdlow, Elaine Fleigelman and Riva Yanovskaya, on behalf of themselves and all others similarly situated, James McKeown and Riva Yanovskaya, on behalf of themselves and all others similarly situated, Appellants, v. Richard SCHWEIKER, Secretary, U.S. Department of Health and Human Services, John A. Svahn, Commissioner, Social Security Administration, Barry Stern, Secretary, Pa. Dept. of Labor & Industry, John Delpaine, Director, Pa. Disability Determination Bureau.

United States Court of Appeals, Third Circuit.

Decided September 19, 1983.

Rehearing and Rehearing Denied November 28, 1983.

Attorney(s) appearing for the Case

Jonathan M. Stein (argued), James M. Lafferty, Richard P. Weishaupt, Community Legal Services, Inc., Philadelphia, Pa., for appellants.

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Peter F. Vaira, Jr., U.S. Atty., Philadelphia, Pa., William Kanter, Nicholas S. Zeppos (argued), Attorneys, Appellate Staff, Civil Div., Washington, D.C., for appellee.

Before GIBBONS and BECKER, Circuit Judges, and WEBER, District Judge.

Rehearing and Rehearing En Banc Denied November 28, 1983.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

The plaintiffs, former recipients of Social Security disability benefits, appeal from an order dismissing their class action complaint for lack of subject matter jurisdiction. The defendants are Richard Schweiker, Secretary of Health and Human Services, John A. Svahn, Commissioner, Social Security...

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