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DARLING v. SULLIVAN

Nos. 88-2873, 88-2874.

914 F.2d 132 (1990)

Marietta DARLING on behalf of herself and all others similarly situated and Gray Panthers Advocacy Committee, Appellees, v. Louis W. SULLIVAN, Secretary of Health and Human Services; Health Care Financing Administration, Appellant. Michael Reagen, Director of the Department of Social Services of the State of Missouri. Marietta DARLING on behalf of herself and all others similarly situated and Gray Panthers Advocacy Committee, Appellees, v. Louis W. SULLIVAN, Secretary of Health and Human Services; Appellant. Health Care Financing Administration; Michael Reagen, Director of the Department of Social Services of the State of Missouri.

United States Court of Appeals, Eighth Circuit.

Decided September 11, 1990.

Attorney(s) appearing for the Case

Michael E. Robinson, Washington, D.C., for appellant.

Jeanne Finberg, Los Angeles, Cal., for appellees.

Before ARNOLD and WOLLMAN, Circuit Judges, and FLOYD R. GIBSON, Senior Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

In this case we revisit section 12202 of the Consolidated Omnibus Budget Reconciliation Act of 1986 ("COBRA"), 42 U.S.C. § 1383c(b) (1988), which we first interpreted in Darling v. Bowen, 878 F.2d 1069 (8th Cir.1989), cert. denied, ___ U.S. ___, 110 S.Ct. 1782, 108 L.Ed.2d 783 (1990)1. Section 12202 is a remedial statute enacted for the purpose...

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