BROZ v. HECKLER

Nos. 81-7140, 81-7143, 81-7336, 81-7370 and 81-7466.

711 F.2d 957 (1983)

John BROZ, Plaintiff-Appellee, v. Margaret M. HECKLER, Secretary of Health & Human Services, a Department of the United States Government, Defendant-Appellant. Richard D. HOLMES, Plaintiff-Appellee, v. Margaret M. HECKLER, The Secretary of Health and Human Services, Defendant-Appellant. Corrine LITTLE, Plaintiff-Appellee, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, Defendant-Appellant. Thomas O. JONES, Plaintiff-Appellee, v. Margaret M. HECKLER, Secretary, Department of Health & Human Services, Defendant-Appellant. Fred SOESBE, Plaintiff-Appellee, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 25, 1983.


Attorney(s) appearing for the Case

Thomas H. Figures, E.T. Rolison, Jr., Ginny S. Granade, Asst. U.S. Attys., Mobile, Ala., Ann Buxton Sobol, Federal Programs Branch, Robert S. Greenspan, Nicholas S. Zeppos, Dept. of Justice, Appellate Staff, Civ. Div., Washington, D.C., for Heckler.

Robert S. Edington, Joseph E. Carr, IV, Legal Services Corp. of Alabama, Mobile, Ala., for Broz.

Steven Emens, Alabama Legal Services, Tuscaloosa, Ala., for Holmes.

Michael J. Salmon, Gulf Shores, Ala., for Little.

Daniel L. McCleave, Mobile, Ala., for Jones.

Nettles, Cox & Barker, Kenneth O. Simon, Mobile, Ala., for Soesbe.

Before GODBOLD, Chief Judge, HENDERSON and MERRITT, Circuit Judges.


ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

GODBOLD, Chief Judge:

In Broz v. Schweiker, 677 F.2d 1351 (11th Cir.1982), we upheld the validity of the Secretary's grid regulations with respect to three of the four factors on which they rely: physical ability, education, and work experience. With respect to the age factor, however, we held the regulations arbitrary and invalid. The Supreme Court granted certiorari...

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