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PULIDO v. HECKLER

No. 83-2364.

758 F.2d 503 (1985)

Genaro PULIDO and John Cary on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, Shirley Davison, Intervening Plaintiff, Appellant, v. Margaret M. HECKLER, in her official capacity as Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 26, 1985.

Attorney(s) appearing for the Case

Daniel M. Taubman, Colorado Coalition of Legal Services Programs, Denver, Colo. (R. Eric Solem, Pikes Peak Legal Services, Colorado Springs, Colo., David G. Kroll, Colorado Rural Legal Services, Greeley, Colo., and Jacquelyn Higinbotham, Colorado Rural Legal Services, Fort Morgan, Colo., with him on the briefs), for plaintiffs-appellants and intervening plaintiff-appellant.

John R. Barksdale, Asst. U.S. Atty., Denver, Colo. (Robert N. Miller, U.S. Atty., Denver, Colo., with him on the brief), District of Colorado, for defendant-appellee.

Before HOLLOWAY and McKAY, Circuit Judges and RUSSELL, District Judge.

McKAY, Circuit Judge.

The issue in this case is whether the Secretary of Health and Human Services is under a duty to promulgate regulations regarding the payment of travel expenses pursuant to 42 U.S.C. §§ 401(j) and 1383(h).

Plaintiffs filed this class action to compel the Secretary to engage in notice and comment rulemaking concerning standards for changing locations for hearings both for disability insurance...

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