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ANDREW v. BOWEN

No. 87-3557.

837 F.2d 875 (1988)

Eileen ANDREW; Nick Andrew; Carl Nick; Helen Thomas; Elwood Thomas, on behalf of themselves and all others who are now or will be similarly situated; Evan Sergie, Plaintiffs-Appellants, v. Otis R. BOWEN, Secretary of Health and Human Services; John A. Svahn, Comm. Social Security; Robert London Smith, Commissioner, Alaska Department Health & Social Services, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 26, 1988.

Attorney(s) appearing for the Case

Tred R. Eyerly, Donald S. Cooper, Heather H. Grahame, Alaska Legal Services Corp., Anchorage, Alaska, for plaintiffs-appellants.

Larry K. Banks, Social Sec. Div., Baltimore, Md., Julie Werner-Simon, Asst. U.S. Atty., Anchorage, Alaska, for defendants-appellees.

Before ANDERSON, NORRIS and HALL, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

I. BACKGROUND

In response to notification that their federal and state disability benefits were going to be terminated or that they were going to be declared ineligible to receive benefits, plaintiffs filed a class action suit against the Secretary of Health and Human Services (Secretary) and the State of Alaska. Plaintiffs were seeking declaratory and injunctive relief prohibiting the use of the Social Security Administration...

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