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CERVANTEZ v. SULLIVAN

No. 90-15056.

963 F.2d 229 (1992)

Jesse CERVANTEZ, on Behalf of himself and others similarly situated, Plaintiff-Appellee, v. Louis W. SULLIVAN, M.D., Secretary of the Department of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Vacated October 11, 1990.

Resubmitted May 16, 1991.

Decided April 7, 1992.

As Amended on Denial of Rehearing and Rehearing June 10, 1992.

Attorney(s) appearing for the Case

Deborah Ruth Kant, Deputy Atty. Gen., U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

Gary F. Smith and Carole F. Grossman, Legal Services of Northern California, Inc., Woodland, Cal. and Gill Deford, Nat. Sr. Citizens Law Center, Los Angeles, Cal., for plaintiff-appellee.

Before: BROWNING, GOODWIN and RYMER, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc June 10, 1992.

JAMES R. BROWNING, Circuit Judge:

The Secretary of Health and Human Services calculates the income of Supplemental Security Income (SSI) claimants to determine their eligibility for benefits and the amount of these benefits. The SSI claimants in this class action are subject to state court garnishment orders, pursuant to which funds they would otherwise receive are withheld to pay their...

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