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BERGER v. HECKLER

No. 924, Docket 84-6360.

771 F.2d 1556 (1985)

Manny BERGER, on Behalf of Himself and All Others Similarly Situated, Plaintiff-Appellee, v. Margaret HECKLER, Secretary of the Department of Health and Human Services of the United States, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 26, 1985.

Attorney(s) appearing for the Case

John M. Rogers, Dept. of Justice, Appellate Staff, Civ. Div., Washington, D.C., Richard K. Willard, Acting Asst. Atty. Gen., Robert S. Greenspan, Dept. of Justice, Appellate Staff, Civ. Div., Washington, D.C., Raymond J. Dearie, U.S. Atty., E.D.N.Y., Brooklyn, N.Y., for defendant-appellant.

Arthur J. Fried, Legal Aid Soc., Administrative Law Unit, New York City, for plaintiff-appellee.

Before KAUFMAN and CARDAMONE, Circuit Judges, and TENNEY, Senior District Judge.

TENNEY, Senior District Judge:

Appellant Margaret Heckler, the Secretary ("Secretary") of Health and Human Services ("HHS"),1 challenges several orders implementing a final judgment entered by consent ("consent decree" or "decree") regarding the eligibility of certain aliens for Supplemental Security Income ("SSI") pursuant to 42 U.S.C. § 1382c(a)(1)(B)(ii) (1982) ("Section (B)(ii)"), which was enacted in 1972 as part of Title XVI...

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