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  5. 904 F.2d 826 (1990)
 

PETITION OF SULLIVAN

Nos. 89-1786, 89-1852, 89-1856 and 89-1913.

904 F.2d 826 (1990)

In re Petition of Louis W. SULLIVAN, M.D., Secretary of Health and Human Services. William WILKERSON, Robert J. Gardner and William E. Smith, on behalf of themselves and all others similarly situated, Respondents, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Petitioner, Honorable John B. Hannum, Nominal Respondent. William WILKERSON, Robert J. Gardner and William E. Smith, on behalf of themselves and all others similarly situated, Appellees, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Appellant. (Two Cases) William WILKERSON, Robert J. Gardner and William E. Smith, on behalf of themselves and all others similarly situated, Appellants, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Third Circuit.

Decided May 31, 1990.

Attorney(s) appearing for the Case

Stuart M. Gerson, Asst. Atty. Gen., Michael M. Baylson, U.S. Atty., William Kanter, Howard S. Scher (argued), U.S. Dept. of Justice, Appellate Staff, Civ. Div., Washington, D.C., for Louis W. Sullivan, M.D., Secretary of Health and Human Services.

James M. Lafferty (argued), Jonathan M. Stein, Catherine C. Carr, Thomas D. Sutton, Richard P. Weishaupt, Community Legal Services, Philadelphia, Pa., for William Wilkerson, Robert J. Gardner and William E. Smith.

Thomas E. Zemaitis, Helen R. Haynes, Douglas W. Vick, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for amici curiae American Medical Ass'n and American Psychiatric Ass'n.

Kristin Houser, William Rutzick, Schroeter, Goldmark & Bender, Seattle, Wash., for amicus curiae Washington State Disability Claimants Certified as a Class in Morrison v. Sullivan, C82-888VWD.

Before HUTCHINSON, COWEN and WEIS, Circuit Judges.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

I.

These consolidated matters concern the Secretary of Health and Human Services' (Secretary's) social security regulation defining substance addiction disorders and the standards and practices the Secretary uses administratively in determining whether an alcoholic's addiction prevents him from engaging in substantial gainful employment.1 The district court held that the...

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