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JONES v. REAGAN

No. 83-4309.

748 F.2d 1331 (1984)

Morgan L. JONES, Francis Anderson, Frank Banasky, Orrie Anderson, Jesse H. Petrich, George Field, Richard Elvers, James Mendes, Al Bruce, Hans Pedersen, Leo Zingmeister, Individually and as Representatives of a Class, Plaintiffs-Appellants, v. Ronald REAGAN, President of the United States; Margaret M. Heckler, Secretary of the Department of Health and Human Services; C. Everett Koop, Surgeon General of the United States; and Richard Ashbaugh, Acting Director of the Bureau of Medical Services, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 4, 1984.

Attorney(s) appearing for the Case

John Merriam, Thomas Geisness, Seattle, Wash., for plaintiffs-appellants.

William J. McIntyre, Asst. Regional Counsel, Health & Human Services, Seattle, Wash., for defendants-appellees.

Before ANDERSON, SKOPIL and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

The plaintiffs, a class of merchant seamen who have been declared permanently not fit for duty because of physical ailments or injuries, challenge sections 986 and 988 of the Omnibus Budget Reconciliation Act of 1981, which terminated the seamen's right to free medical care in government facilities. The seamen contend that the termination of care violates equal protection, due process, the separation of powers, contract law and equity. In...

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