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KUEHNER v. HECKLER

No. 85-1227.

778 F.2d 152 (1985)

Frank KUEHNER, Dorothy Burayak, Richard Burns, Alice Hetherington, Frank Jennings, Jr., Philip Fisher, Clinton Foyal, Solomon Katz, Raymond Staniewicz, James Loughlin, Margaret Douglas, Lawrence Cook, Steven Sverdlow, Elaine Fleigelman, James Mc Keown, and Riva Yanovskaya, on Behalf of themselves and all others similarly situated, Appellees, v. Margaret M. HECKLER, Secretary, U.S. Department of Health and Human Services, John A. Svahn, Commissioner, Social Security Administration, Barry Stern, Secretary, Pennsylvania Department of Labor & Industry, John Delpaine, Director, Pennsylvania Disability Determination Bureau. Appeal of Margaret M. HECKLER, Secretary of the United States Department of Health and Human Services (HHS).

United States Court of Appeals, Third Circuit.

Decided December 9, 1985.

Attorney(s) appearing for the Case

Jonathan M. Stein (Argued), Richard Weishaupt, James Lafferty, Community Legal Services, Philadelphia, Pa., Michael L. Harvey, Office of Atty. Gen., Harrisburg, Pa., for appellees.

Edward S.G. Dennis, Jr., U.S. Atty., Susan Dein Bricklin, Asst. U.S. Atty., Philadelphia, Pa., Richard K. Willard, Acting Asst. Atty. Gen., William Kanter, Margaret E. Clark, Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., Frank A. Rosenfeld (Argued), for appellant.

Before GARTH, BECKER and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

EDWARD R. BECKER, Circuit Judge.

In April 1981, plaintiff Frank Kuehner and a number of other Pennsylvania citizens filed a civil action in the district court for the Eastern District of Pennsylvania on behalf of themselves and a class consisting of all Pennsylvania residents whose disability benefits had been terminated or threatened with termination by the Social Security Administration. The gravamen of plaintiffs' complaint was that...

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