DIXON v. HECKLER

Nos. 611-614, Dockets 84-6288, 84-6302, 84-6304 and 84-6306.

785 F.2d 1102 (1986)

David DIXON, Ricardo Ramirez, Ophelia Casey, Dominga Carrasquillo, Joanne Lockett, Eulalia Terez, Carmen Feliciano, and Tomasina Gonzalez, Individually and on Behalf of All Others Similarly Situated, Plaintiffs-Appellees, and The State of New York and Cesar Perales, as Commissioner of the New York State Department of Social Services, Plaintiffs-Intervenors-Appellees, v. Margaret M. HECKLER, as Secretary of the Department of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 7, 1986.


Attorney(s) appearing for the Case

Nancy Morawetz, New York City (The Legal Aid Society, Kalman Finkel, John E. Kirklin, Marshall Green, Stephen Loffredo, Arthur J. Fried, Conrad A. Johnson, Jon C. Dubin, Robert Abrams, Atty. Gen., State of N.Y., O. Peter Sherwood, Deputy Sol. Gen., Paul Glickman, Mary Fisher Bernet, Assistant Attys. Gen., on brief), for plaintiffs-appellees and plaintiffs-intervenors-appellees.

Denny Chin, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Rosemarie E. Matera, Sp. Asst. U.S. Atty., Jane E. Booth, Asst. U.S. Atty., New York City, on brief), for defendant-appellant.

Before OAKES, KEARSE and PIERCE, Circuit Judges.


KEARSE, Circuit Judge:

The Secretary of Health and Human Services ("Secretary") appeals from orders of the United States District Court for the Southern District of New York, Morris E. Lasker, Judge, granting and refusing to vacate a preliminary injunction that, inter alia, forbids the Secretary to deny or terminate disability benefits on the basis of 20 C.F.R. §§ 404.1520(c), 404.1521, 416.920(c), and 416.921 (1984), the so-called "severity...

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