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BAILEY v. SULLIVAN

Nos. 88-5886, 88-5036 and 88-5903.

885 F.2d 52 (1989)

Irvin BAILEY, on Behalf of Himself and All Others Similarly Situated v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services of the United States of America, Appellant. Irvin BAILEY, on Behalf of Himself and All Others Similarly Situated, Appellant, v. Louis W. SULLIVAN, M.D. Secretary of Health and Human Services of the United States of America.

United States Court of Appeals, Third Circuit.

Decided September 6, 1989.

Attorney(s) appearing for the Case

Peter B. Macky (argued), Sunbury, Pa., Paul Welch, Lock Haven, Pa., Frederick M. Stanczak, Legal Services of Cent. N.Y., Syracuse, N.Y., Jonathan M. Stein, Community Legal Services, Philadelphia, Pa., for appellants/cross appellees.

James J. West, U.S. Atty., Barbara L. Kosik, Asst. U.S. Atty., Donald A. Gonya, Chief Counsel for Social Sec., Randolph W. Gaines, Deputy Chief Counsel for Social Sec., A. George Lowe, Chief, Disability Litigation Branch, Wendy J. Miller (argued), Office of the Gen. Counsel, Social Sec. Div., Dept. of Health and Human Services, Ellicott City, Md., for appellee/cross-appellant.

Before SEITZ, SLOVITER, and GREENBERG, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Introduction

This appeal and cross-appeal are from orders of the district court entered in a class action challenging the Secretary of Health and Human Service's regulations and rulings with respect to the severe impairment inquiry in making disability determinations. This is the second time this case has been before us. Appellants, a class of social security claimants who had been...

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