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RICHARD v. SULLIVAN

Nos. 90-4597, 90-4604 Summary Calendar.

955 F.2d 354 (1992)

Hurley F. RICHARD, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health & Human Services, Defendant-Appellee. Paul LEGER, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health & Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 10, 1992.

Attorney(s) appearing for the Case

Lonnie R. Smith, Southwest Louisiana Legal Services Society, Lake Charles, La., for plaintiff-appellant.

Christopher Carillo, Rodney A. Johnson, Asst. Regional Counsel, Karen J. Sharp, Principal Regional Counsel, Dept. of Health & Human Services, Dallas, Tex., for defendant-appellee in 90-4597.

Joseph S. Cage, Jr., U.S. Atty., Shreveport, La., Christopher Carillo, Rodney A. Johnson, Asst. Regional Counsel, Karen J. Sharp, Principal Regional Counsel, Dept. of Health & Human Services, Dallas, Tex., for defendant-appellee in 90-4604.

Before POLITZ, Chief Judge, DAVIS and BARKSDALE, Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

POLITZ, Chief Judge:

This matter was remanded to us by the Supreme Court, ___ U.S. ___, 112 S.Ct. 40, 116 L.Ed.2d 19 (1991), for reconsideration in light of Melkonyan v. Sullivan, 501 U.S. ___, 111 S.Ct. 2157, 115 L.Ed.2d 78 (1991). Applying the holdings of Melkonyan to these two cases, previously consolidated for appeal, we affirm the district court's decision as to Paul Leger and reverse...

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