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STIEBERGER v. BOWEN

No. 769, Docket 85-6310.

801 F.2d 29 (1986)

Theresa STIEBERGER, individually and on behalf of other persons similarly situated; the City of New York, Plaintiffs-Appellees, v. Otis R. BOWEN, Secretary, United States Department of Health and Human Services; Martha McSteen, Commissioner of the Social Security Administration; Louis B. Hays, Associate Commissioner of Hearings and Appeals and Acting Director, Office of Programs and Policy, Social Security Administration; and Philip T. Brown, Chief Administrative Law Judge, Office of Hearings and Appeals, Social Security Administration, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 8, 1986.

Attorney(s) appearing for the Case

Richard K. Willard, Asst. Atty. Gen., Civil Div., Dept. of Justice, Washington, D.C. (William Kanter, Frank A. Rosenfeld, Deborah Ruth Kant, Civil Div., Dept. of Justice, Washington, D.C., on brief), for defendants-appellants.

Burt Neuborne, American Civil Liberties Union Foundation, New York City (Frederick A.O. Schwarz, Jr., Corp. Counsel, Alice Morey, Alexandra S. Bowie, New York City, Ralph Byrd, M.F.Y. Legal Services Inc., New York City, John E. Kirklin, Nancy Morawetz, Legal Aid Soc., New York City, on brief), for plaintiffs-appellees.

Before MESKILL, NEWMAN and KEARSE, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal from the issuance of a preliminary injunction against the Secretary of Health and Human Services potentially raises far-reaching issues concerning the proper role of agencies and courts in the implementation of statutes. The issues arise in the context of adjudicating claims for disability benefits. The District Court for the Southern District of New York (Leonard B. Sand, Judge) ruled that the Secretary has violated and will...

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