WHITE v. BOWEN

Nos. 85 Civ. 1493 (RLC), 85 Civ. 5931 (RLC) and 85 Civ. 8244 (RLC).

636 F.Supp. 1235 (1986)

William R. WHITE, Madeleine Hyman, Juan Rosario, Martha Bess, Ramon Valle, and Constance Miraglia, individually and on behalf of all others similarly situated, Plaintiffs, v. Otis R. BOWEN, as Secretary of the Department of Health and Human Services, Defendant. Carolyn CLEE, Sharon Grant, sole heirs of Harold Johnson, deceased, Plaintiffs, v. Otis R. BOWEN, as Secretary of the Department of Health and Human Services, Defendant. George ORTEGA, Plaintiff, v. The SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, S.D. New York.

May 23, 1986.


Attorney(s) appearing for the Case

Westchester Legal Services, Inc., White Plains, N.Y. (Joy Blumkin, of counsel), Joan Mangones, The Legal Aid Society, Staten Island Neighborhood Office, Staten Island, N.Y. (Mary Megan McLemore, of counsel), John Kirklin, The Legal Aid Society, Civil Appeals & Law Reform Unit, New York, N.Y. (Nancy Morawetz, of counsel), Marshall Green, The Legal Aid Society, Office, Bronx, N.Y. (Stephen J. Loffredo, of counsel), for plaintiffs.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City (Donna H. Lieberman, Sp. Asst. U.S. Atty., Annette H. Blum, Regional Atty., Region II, David Engel, Asst. Regional Atty., Dept. of Health and Human Services, of counsel), for defendant.


OPINION

ROBERT L. CARTER, District Judge.

On October 24, 1985, the court, in an opinion with which familiarity is assumed, certified this case as a class action. White v. Heckler, 108 F.R.D. 85 (S.D.N.Y.1985) (Carter, J.). Clee v. Heckler and Ortega v. Secretary were consolidated with this case by Stipulation and Order dated April 1, 1986. The case is now before the court on defendant's motion for judgment on the pleadings and plaintiffs...

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