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HYATT v. SULLIVAN

Nos. 88-2983, 89-2671.

899 F.2d 329 (1990)

Patrick H. HYATT, SSN 248-50-1848; Herman O. Caudle; Mary P. Lovingood, on Behalf of themselves and all others similarly situated; North Carolina Department of Human Resources # 14, Plaintiffs-Appellees, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellant. Patrick H. HYATT, SSN 248-50-1848; Herman O. Caudle; Mary P. Lovingood, on Behalf of themselves and all others similarly situated; North Carolina Department of Human Resources # 14, Plaintiffs-Appellees, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 30, 1990.

As Amended April 5, 1990.

As Amended May 23, 1990.

Rehearing and Rehearing Denied May 25, 1990.

Attorney(s) appearing for the Case

Howard Stanley Scher (argued), U.S. Dept. of Justice, Washington, D.C., Stuart Schiffer, Acting Asst. Atty. Gen., William Kanter, Civil Div., U.S. Dept. of Justice, Washington, D.C.; Thomas J. Ashcraft, U.S. Atty., Charlotte, N.C., on brief, for appellant.

John Robbins Wester (argued), Dan T. Coenen, Jane S. Ratteree, Robinson, Bradshaw & Hinson, P.A., Charles McB. Sasser, Cox, Gage & Sasser, on brief, Charlotte, N.C., for appellees.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 25, 1990.

WIDENER, Circuit Judge:

In this consolidated appeal, the Secretary of Health and Human Services challenges three orders in a class action suit which challenged the Secretary's policy of non-acquiescence in this circuit's law with respect to pain. The district court ordered the Secretary to issue a specific regulation with regard to the decision of pain cases in North Carolina under Fourth Circuit law. It...

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