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JOHNSON v. SULLIVAN

No. 89-2676.

922 F.2d 346 (1990)

Edna JOHNSON and Jerome Montgomery, Plaintiffs-Appellees, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Reargued November 27, 1990.

Issued December 28, 1990.

Order on Denial of Rehearing and Rehearing March 20, 1991.

Attorney(s) appearing for the Case

John M. Bouman, Robert E. Lehrer, Theodora Rand, Legal Assistance Foundation of Chicago, Chicago, Ill., for plaintiff-appellee.

Anton R. Valukas, U.S. Atty., Linda A. Wawzenski, Asst. U.S. Atty., Office of the U.S. Atty., Chicago, Ill., Robert S. Greenspan, Frank A. Rosenfeld, Dept. of Justice, Civ. Div., Appellate Section, Washington, D.C., for defendant-appellant.

Before BAUER, Chief Judge, CUMMINGS, WOOD, Jr., CUDAHY, POSNER, COFFEY, EASTERBROOK, RIPPLE, MANION and KANNE, Circuit Judges.

Reargued En Banc November 27, 1990.

Order on Denial of Rehearing and Rehearing En Banc March 20, 1991.

BAUER, Chief Judge.

This class action challenging various regulations and policies of the Secretary of Health and Human Services (the "Secretary") is now in its eighth year. In 1983, plaintiffs originally filed suit claiming that the Secretary's "severity regulation," the second step in a five-step disability screening analysis, violated the plain...

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