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ELLENDER v. SCHWEIKER

Docket No. 85-6274.

781 F.2d 314 (1986)

Dorothy ELLENDER, Angela Zamski, James Trowbridge, Lois W. Brunjes, and Verley Smith, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Richard W. SCHWEIKER, Margaret M. Heckler, as Secretary of the Department of Health and Human Services, John Svahn, and Martha McSteen, individually and as Commissioner of the Social Security Administration, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 15, 1986.

Attorney(s) appearing for the Case

Toby Golick, New York City (Cardozo Bet Tzedek Legal Services, New York City, Joan Mangones, Lester Helfman, The Legal Aid Society, Staten Island, N.Y., John E. Kirklin, Nancy Morawetz, The Legal Aid Society, New York City, on brief), for plaintiffs-appellees.

Steven E. Obus, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Jane E. Booth, Asst. U.S. Atty., New York City, on brief), for defendants-appellants.

Before TIMBERS, KEARSE and PRATT, Circuit Judges.

KEARSE, Circuit Judge.

Plaintiffs-appellees Dorothy Ellender, et al., in this action brought to challenge certain practices of defendants-appellants Richard W. Schweiker, as Secretary of the Department of Health and Human Services, et al. (collectively the "Secretary"), have moved to dismiss the Secretary's appeal insofar as it seeks review of a decision of the district court, Irving Ben Cooper, Judge, reported at 575 F.Supp...

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