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MARTIN v. BOWEN

No. C 88-0789 TEH.

694 F.Supp. 718 (1988)

Velma MARTIN, on behalf of herself and all others similarly situated, Plaintiff, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant.

United States District Court, N.D. California.

June 10, 1988.

Attorney(s) appearing for the Case

Paul Rose, Legal Aid Soc. of Alameda County, Hayward, Cal., Evelyn Frank, Legal Aid Soc. of Alameda County, Oakland, Cal., Gill Deford & Peter Komlos-Hrobsky, Nat'l Senior Citizens Law Center, Los Angeles, Cal., for plaintiff.

Joseph P. Russoniello, U.S. Atty., Judith A. Whetstine, Chief, Civ. Div., George C. Stoll, Asst. U.S. Atty., San Francisco, Cal., for defendant.

ORDER

THELTON E. HENDERSON, District Judge.

This matter comes before the Court on cross-motions for summary judgment and plaintiff's motion for class certification. After careful consideration of the parties' papers and oral arguments of counsel, the Court grants plaintiff's motions for summary judgment and class certification.

1. Factual Background.

This cases poses the legal question of whether a regulation promulgated by the Secretary...

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