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EVERHART v. WISE

No. 87-1839.

901 F.2d 838 (1990)

Sandra EVERHART, Thomas Everhart, and Myron Zenick, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Berline WISE and Emil S. Zweizen, Plaintiffs-Intervenors-Appellees, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, and Gwendolyn S. King, Commissioner of the Social Security Administration, in their official capacities, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 16, 1990.

Attorney(s) appearing for the Case

Michael Kimmel (Richard K. Willard, Asst. Atty. Gen., Washington, D.C., Robert N. Miller, U.S. Atty., Denver, Colo., and William Kanter with him on the brief), Dept. of Justice, Washington, D.C., for defendants-appellants.

Linda J. Olson (Daniel M. Taubman, Colorado Coalition of Legal Services Programs, Denver, Colo., and R. Eric Solem with her on the brief), Legal Aid Soc. of Metropolitan Denver, Denver, Colo., for plaintiffs-appellees.

Before HOLLOWAY, Chief Judge, TIMBERS and BALDOCK, Circuit Judges.

PER CURIAM.

In Sullivan v. Everhart, ___ U.S. ___, 110 S.Ct. 960, 108 L.Ed.2d 72 (1990), the Supreme Court reversed this court's determination in Everhart v. Bowen, 853 F.2d 1532 (10th Cir.1988), that the Secretary's netting regulations, 20 C.F.R. §§ 404.504 and 416.538, were invalid due to inconsistency with the underlying statutes, 42 U.S.C. §§ 404(a)(1...

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