BROZ v. HECKLER

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

725 F.2d 1280 (1984)

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 and 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.

February 9, 1984.


Attorney(s) appearing for the Case

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

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, J.F. Janecky, Mobile, Ala., for Soesbe.

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


BY THE COURT:

On numerous appeals pending in this court and awaiting decision of this case, counsel have been invited to consider and comment on whether in their respective case(s) the Secretary might have denied benefits because she relied on age as a categorical factor rather than making an individualized determination about the claimant's ability to adapt to a new work environment.

In pending cases in which counsel have not previously been invited to do...

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