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PICKETT v. BOWEN

No. 86-5463.

833 F.2d 288 (1987)

Eugene PICKETT, on behalf of himself and persons similarly situated, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of the Department of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 4, 1987.

Attorney(s) appearing for the Case

Leon B. Kellner, U.S. Atty., Samuel D. Armstrong, Asst. U.S. Atty., Miami, Fla., Jason R. Baron, Office of the General Counsel, Social Sec. Div., Dept. Health & Human Services, Baltimore, Md., for defendant-appellant.

Paulette Ettachild, Legal Services of Greater Miami, Inc., Miami, Fla., for plaintiff-appellee.

Before JOHNSON and EDMONDSON, Circuit Judges, and HOFFMAN, Senior District Judge.

JOHNSON, Circuit Judge:

Otis Bowen, the Secretary of Health and Human Services, appeals the order by the United States District Court for the Southern District of Florida that "closed period" claimants1 are members of the certified class and therefore are entitled to the benefits of the district court's earlier order of remand. We affirm.

I.

After this Court's pronouncement in Simpson v. Schweiker,

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