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JOHNSON v. HECKLER

Nos. 85-1254, 85-1490.

776 F.2d 166 (1985)

Edna JOHNSON and Jerome Montgomery, on their own behalf and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Margaret M. HECKLER, Secretary, U.S. Department of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

October 30, 1985.

Attorney(s) appearing for the Case

Mark B. Stern, Dept. of Justice, Appellate Staff, Washington, D.C., for defendant-appellant.

Joseph A. Antolin, Legal Assistance Foundation of Chicago, Chicago, for plaintiffs-appellees.

Before BAUER and WOOD, Circuit Judges, and GRANT, Senior District Judge.

PER CURIAM.

On September 9, 1985, the appellant filed a petition for rehearing and suggestion of rehearing en banc in this case. All of the judges on the panel have voted to deny the petition for rehearing. One of the judges in regular active service requested a vote on the suggestion of rehearing en banc, which failed to receive the votes of a majority. Judges Eschbach, Posner, Coffey, Easterbrook, and Ripple voted to grant rehearing en banc.

The petition...

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