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HYATT v. HECKLER

Nos. 84-1381 and 84-1695.

757 F.2d 1455 (1985)

Patrick H. HYATT; Herman O. Caudle and Mary P. Lovingood, on behalf of themselves and all others similarly situated, North Carolina Department of Human Resources, Disability Determination Services, Appellees, v. Margaret M. HECKLER, or her successor in office, Secretary of the United States Department of Health and Human Services, Appellant. Patrick H. HYATT; Herman O. Caudle and Mary P. Lovingood, on behalf of themselves and all others similarly situated, North Carolina Department of Human Resources, Disability Determination Services, Appellees, v. Margaret M. HECKLER, or her successor in office, Secretary of the United States Department of Health and Human Services, Appellant.

United States Court of Appeals, Fourth Circuit.

Submitted August 9, 1984.

Decided March 20, 1985.

Rehearing and Rehearing Denied April 23, 1985.

Attorney(s) appearing for the Case

Howard S. Scher, Atty., Appellate Staff, Civ. Div., U.S. Dept. of Justice, Washington, D.C. (Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., Charles R. Brewer, U.S. Atty., Asheville, N.C., William Kanter and Deborah R. Kant, Attys., Appellate Staff, Civ. Div., U.S. Dept. of Justice, Washington, D.C., on brief), for appellants.

John R. Wester, Charlotte, N.C. (Dan T. Coenan, Robert M. Bryan, Herman Spence, III, Fleming, Robinson, Bradshaw & Hinson, P.A.; Jane Harper, Legal Services of Southern Piedmont, Inc., Charlotte, N.C., on brief), for appellees in No. 84-1381. John R. Wester, Dan T. Coenan, Robert M. Bryan, Fleming, Robinson, Bradshaw & Hinson, P.A.; Charles McBrayer Sasser, Legal Services of Southern Piedmont, Inc., Charlotte, on brief, for appellees in No. 84-1695. Jeffrey L. Bishop, Charlotte, N.C. (Casey, Bishop, Alexander & Murphy, P.A., Charlotte, N.C., on brief), for intervenor.

Before RUSSELL and HALL, Circuit Judges, and BUTZNER, Senior Circuit Judge.

No. 84-1381 Argued June 7, 1984.

No. 84-1695 Submitted August 9, 1984.

Rehearing and Rehearing In banc Denied April 23, 1985.

BUTZNER, Senior Circuit Judge:

The Secretary of Health and Human Services appeals from the district court's order enjoining the Secretary to cease her policy of not following the decisional law of this circuit regarding the initiation and termination of disability benefits. The Secretary also assigns error to the district...

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