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HYATT v. SULLIVAN

No. C-C-83-655.

757 F.Supp. 685 (1991)

Patrick H. HYATT, Herman O. Caudle and Mary P. Lovingood, Plaintiffs, v. Louis W. SULLIVAN, Secretary of the United States Department of Health and Human Services, Defendants.

United States District Court, W.D. North Carolina, Charlotte Division.

February 1, 1991.

Attorney(s) appearing for the Case

Charles M. Sasser, Legal Services of Southern Piedmont, Inc., John Wester, Robinson, Bradshaw & Hinson, P.A., Charlotte, N.C., for plaintiffs.

U.S. Atty. Jason Baron, Office of General Counsel, Dept. of HHS, Baltimore, Md., for Dept. of N.C. Human Resources.

Jeffrey L. Bishop, Charlotte, N.C., U.S. Atty. Clifford Marshall, Asheville, N.C., for defendants.

ORDER

McMILLAN, District Judge.

In Hyatt v. Sullivan, 899 F.2d 329 (4th Cir.1990), the United States Court of Appeals for the Fourth Circuit stated:

"Should the Secretary wish to amend the ruling [SSR 88-13] to make it clear that it is not a reiteration of previous policy and that it has a more current effective date which does not adopt rejected policy, then the regulation may remain in effect.

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