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CHAGNON v. BOWEN

No. 1145, Docket 85-6317.

792 F.2d 299 (1986)

Nelson CHAGNON, on behalf of himself and others similarly situated, Plaintiff-Appellant, v. Otis R. BOWEN, in his official capacity as Secretary, Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 5, 1986.

Attorney(s) appearing for the Case

Thomas F. Garrett, Vermont Legal Aid, Inc., Burlington, Vt. (Paula J. Kane, Vermont Legal Aid, Inc., St. Albans, Vt., Wendy Morgan, Vermont Legal Aid, Inc., St. Johnsbury, Vt., of counsel), for plaintiff-appellant.

John S. Koppel, Atty., Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C. (Richard K. Willard, Asst. Atty. Gen., George W.F. Cook, U.S. Atty., John F. Cordes, Dept. of Justice, Washington, D.C., of counsel), for defendant-appellee.

Michael McShane, Asst. Atty. Gen., Earl F. Daniels, II, Asst. Atty. Gen., Office of the Atty. Gen., Waterbury, Vt., for State of Vermont as amicus curiae.

Before FEINBERG, Chief Judge, and KAUFMAN and OAKES, Circuit Judges.

FEINBERG, Chief Judge:

Plaintiffs representing a class of Vermont residents eligible for social security disability benefits under Title II or Title XVI of the Social Security Act (the Act), 42 U.S.C. § 401 et seq. and § 1381 et seq., respectively, appeal from an order of Judge James S. Holden of the United States District Court for the District of Vermont.1 Judge Holden's order granted the Secretary's motion to vacate a prior...

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