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HOLDEN v. HECKLER

Civ. A. No. C84-548.

615 F.Supp. 682 (1985)

Norma HOLDEN, et al., Plaintiffs, and State of Ohio, Through Richard F. Celeste, Governor, Plaintiff-Intervenor, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant.

United States District Court, N.D. Ohio, E.D.

On Motion For Emergency Stay February 13, 1985.

Attorney(s) appearing for the Case

David B. Dawson, Louise McKinney, Carolyn Carter, Legal Aid Soc. of Cleveland, Mark J. Valponi, Kelley, McCann & Livingstone, Cleveland, Ohio, for plaintiffs.

Rita S. Eppler, Asst. Atty. Gen., Columbus, Ohio, for plaintiff-intervenor.

Kathleen Ann Sutula, Steven D. Bell, Asst. U.S. Attys., Cleveland, Ohio, for defendant.

MEMORANDUM AND ORDER

ANN ALDRICH, District Judge.

In this class action, this Court entered a preliminary injunction on April 30, 1984, forbidding the Secretary of Health and Human Services ("Secretary") from terminating social security disability benefits unless she could demonstrate "medical improvement" in the recipient's condition. On May 29, 1984, following the Supreme Court's decision in Heckler v. Lopez, ___ U.S. ___, 104 S.Ct. 2164, 80 L.Ed...

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