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CUBANSKI v. HECKLER

No. 85-7123.

794 F.2d 540 (1986)

Stanley CUBANSKI, Director, Department of Health Services State of California, Petitioner, and Donald A. Barrier, Alan Bierman, Lola Bierman, James Jones, Ronald Kwiek, Petitioners-Intervenors, v. Margaret HECKLER, Secretary, Department of Health and Human Services, United States of America, Respondent.

United States Court of Appeals, Ninth Circuit.

July 18, 1986.

Attorney(s) appearing for the Case

Willie M.J. Curtis, Ralph M. Johnson, San Francisco, Cal., Evelyn R. Frank, Legal Aid Soc. of Alameda Cty., Oakland, Cal., for petitioner.

Brenda F. Kohn, Cade L. Morrow, San Francisco, Cal., for respondent.

For opinion see: 9th Cir., 781 F.2d 1421.

KOZINSKI, Circuit Judge, with whom Circuit Judges SNEED, HALL and NOONAN join, dissenting from the rejection of the suggestion for rehearing en banc.

The panel's opinion in this case is an exercise in judicial legislation. Disregarding principles of administrative law long established by the Supreme Court and this court, the opinion gives birth to a sweeping new doctrine: that a federal...

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