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WILKERSON v. BOWEN

No. 86-1714.

828 F.2d 117 (1987)

WILKERSON, William, Gardner, Robert J., Smith, William E., on Behalf of themselves and all others similarly situated v. Otis R. BOWEN, Secretary of Health and Human Services. Appeal of William WILKERSON, Robert J. Gardner, William E. Smith, on Behalf of themselves and all others similarly situated, proposed intervenors, William Patterson, Paul Bradley, Reather Beaufort, Freddie Postell, Francis Marchesano, Walter Beard, Charles Glenn and Donald Dalessio, and the members of the proposed class of plaintiffs.

United States Court of Appeals, Third Circuit.

Decided August 31, 1987.

Attorney(s) appearing for the Case

Jonathan M. Stein, Community Legal Services, Inc., Philadelphia, Pa., James M. Lafferty (argued), Community Legal Services, Inc., Philadelphia, Pa., for appellants and their class.

William Kanter, Frank A. Rosenfeld (argued), U.S. Dept. of Justice, Civ. Div., Appellate Staff, Washington, D.C., Michael Leonard, Dept. of Health and Human Services, Office of Regional Atty., Philadelphia, Pa., for appellee.

Before SEITZ and MANSMANN, Circuit Judges, and DEBEVOISE, District Judge.

OPINION OF THE COURT

DEBEVOISE, District Judge.

Appellants appeal from an order of the district court denying their motions for intervention, for class certification and for a preliminary and permanent injunction and dismissing their complaint. We have jurisdiction under 28 U.S.C. §§ 1291 and 1292(a)(1) and under 42 U.S.C. § 405(g).

I. Background

The object of the proceedings...

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