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BLANKENSHIP v. SECRETARY OF HEALTH & HUMAN SERV.

No. 86-6240.

858 F.2d 1188 (1988)

Sammie Gail BLANKENSHIP, on behalf of herself and on behalf of all others similarly situated in the State of Kentucky; Georgia Finch, on behalf of herself and all others similarly situated, et al., Plaintiffs-Appellees, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 6, 1988.

Attorney(s) appearing for the Case

Joseph M. Whittle, U.S. Atty., Louisville, Ky., Michael F. Spalding, John F. Cordes, U.S. Dept. of Justice, Appellate Staff, Civil Div., Washington, D.C., John S. Koppel (argued), for defendant-appellant.

Dennis Bricking, Legal Aid Society, Inc., Louisville, Ky., Sherry J. Leiwant, Center on Social Welfare Policy and Law, New York City, Henry A. Freedman (argued), for plaintiffs-appellees.

Before ENGEL, Chief Judge, RYAN, Circuit Judge, and EDWARDS, Senior Circuit Judge.

RYAN, Circuit Judge.

The Secretary appeals from the district court's order granting classwide notice relief to a class of Kentucky plaintiffs who have been denied social security benefits and have been awaiting reconsideration hearings or Appeals Council decisions for over thirty days. The issue is the propriety of such classwide relief in view of the Supreme Court's decision in Heckler v. Day, 467 U.S. 104, 104 S.Ct. 2249, 81...

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