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BARNETT v. BOWEN

Nos. 1143, 1144, Dockets 85-6252, 6315.

794 F.2d 17 (1986)

Carroll BARNETT and Harold McBrine, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, Sarah Sargent, Harvey J. Levigne, Hattie McGivern and Raymond Grenier, Intervening Plaintiffs, v. Otis R. BOWEN, in his official capacity as Secretary, Department of Health and Human Services, Defendant-Appellee. Leon S. DAY, on behalf of himself and all others similarly situated, Plaintiff-Appellant, Amedie Maurais, Plaintiff-Intervenor-Appellant, v. Otis R. BOWEN, in his official capacity as Secretary, Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 30, 1986.

Attorney(s) appearing for the Case

Thomas F. Garrett, Vermont Legal Aid, Inc., Burlington, Vt. (Paula J. Kane, Vermont Legal Aid, Inc., St. Albans, Vt., Wendy Morgan, Vermont Legal Aid, Inc., St. Johnsbury, Vt., of counsel), for plaintiffs-appellants.

John S. Koppel, Atty., Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., (Richard K. Willard, Asst. Atty. Gen., Washington, D.C., George W.F. Cook, U.S. Atty., Rutland, Vt., John F. Cordes, Dept. of Justice, Washington, D.C., of counsel), for defendant-appellee.

Michael McShane, Earl F. Daniels, II, Asst. Attys. Gen., Waterbury, Vt., for the State of Vt. as amicus curiae.

Before FEINBERG, Chief Judge, KAUFMAN and OAKES, Circuit Judges.

FEINBERG, Chief Judge:

This is a consolidated appeal from orders of Judge James S. Holden of the United States District Court for the District of Vermont, which dismissed two class actions brought on behalf of social security disability applicants.1 The first case, Day v. Bowen, No. 85-6315 (hereafter Day), involved the proceedings on remand from the Supreme Court in Heckler v. Day, 467 U.S. 104

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