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HYATT v. HECKLER

Nos. 84-1381 and 85-2240.

807 F.2d 376 (1986)

Patrick H. HYATT; Herman O. Caudle and Mary P. Lovingood, on behalf of themselves and all others similarly situated, North Carolina Department of Human Resources, Disability Determination Services, Appellees, v. Margaret M. HECKLER, or her successor in office, Secretary of the United States Department of Health and Human Services, Appellant. Patrick H. HYATT SSN: 248-50-1848; Herman O. Caudle; Mary P. Lovingood on behalf of themselves and all others similarly situated; North Carolina Department of Human Resources, Disability Determination Services, Appellees, v. Margaret HECKLER, or her successor in office, Secretary of the United States Department of Health and Human Services, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 5, 1986.

Rehearing and Rehearing Denied February 12, 1987.

Attorney(s) appearing for the Case

Richard K. Willard, Asst. Atty. Gen., Washington, D.C., Charles R. Brewer, U.S. Atty., Asheville, N.C., William, Kanter, Howard S. Scher, Appellate Staff Civil Div., Dept. of Justice, Washington, D.C., for appellant.

John R. Wester, Dan T. Coenen, Robinson, Bradshaw & Hinson, P.A., Charlotte, N.C., Charles McBrayer Sasser, Legal Services of Southern Piedmont, Inc., Charlotte, N.C., for appellees.

Before RUSSELL and HALL, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied February 12, 1987.

BUTZNER, Senior Circuit Judge:

The Supreme Court vacated the judgment of this court1 and remanded this class action for further consideration in light of Bowen v. City of New York, ___ U.S. ___, 106 S.Ct. 2022, 90 L.Ed.2d 462 (1986). The remand requires us to reconsider issues arising out of the Social Security Administration...

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