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BLANKENSHIP v. SECRETARY OF HEALTH AND HUMAN SERVICES

Nos. 82-5130, 82-5204.

750 F.2d 30 (1984)

Sammie Gail BLANKENSHIP, Ida O'Neil, Margaret Burr, Mildred Bell, Lucille Miller, on behalf of themselves and on behalf of all others similarly situated, and Georgia Finch, on behalf of herself and all others similarly situated, Plaintiffs-Appellees, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

On Consent Motion October 25, 1984.

Attorney(s) appearing for the Case

Ronald E. Meredith, U.S. Atty., Michael F. Spalding, Asst. U.S. Atty., Louisville, Ky., Verrell L. Dethloff, Jr., Baltimore, Md., William Kanter, John F. Cordes, Michael Kimmel, Appellate Staff, U.S. Dept. of Justice, Civil Division, Washington, D.C., for defendant-appellant.

Barry L. Master, Brian P. Lawlor, Legal Aid Soc. of Louisville, Louisville, Ky., Henry Freedman, Alan H. Kleinman, Center on Social Welfare Policy, New York City, for plaintiffs-appellees.

Before EDWARDS and JONES, Circuit Judges, and HOGAN, Senior District Judge.

ORDER

Upon consideration it is ORDERED that the decision in these cases, reported at 722 F.2d 1282 (6th Cir.1983), be vacated and these cases be and they hereby are remanded to the United States District Court for the Western District of Kentucky for reconsideration in light of Heckler v. Day, ___ U.S. ___, 104 S.Ct. 2249, 81 L.Ed.2d 88 (1984). Plaintiffs-Appellees' Motion to Clarify is hereby denied.

ON CONSENT...

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