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FINKELSTEIN v. SULLIVAN

No. 88-5318.

924 F.2d 483 (1991)

Marilyn FINKELSTEIN, Appellee, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 3, 1989.

Certiorari Granted January 22, 1990.

On Remand June 18, 1990.

Argued on Remand November 15, 1990.

Decided January 23, 1991.

Attorney(s) appearing for the Case

Robert M. Loeb (argued), Atty., Appellate Staff, Civil Div., U.S. Dept. of Justice, Washington, D.C., for appellant.

Linda C. Goldstein (argued), Howard, Darby & Levin, New York City, for appellee.

Catherine C. Carr, Steven Masters, and James M. Lafferty, Meris L. Bergquist, Community Legal Services, Inc., Philadelphia, Pa., for amici curiae Class Members in Bozzi v. Sullivan, No. 90-2580 (E.D.Pa.) in support of appellee.

Before BECKER, HUTCHINSON and SCIRICA, Circuit Judges.

On Remand from the Supreme Court of the United States June 18, 1990.

Argued on Remand from the Supreme Court November 15, 1990.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

This case comes before us on remand from the Supreme Court, after it reversed our earlier judgment holding that we lacked appellate jurisdiction over the Secretary of Health and Human Services' (Secretary's) appeal from a district court order remanding Marilyn Finkelstein...

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