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ROSETTI v. SHALALA

No. 92-1909.

12 F.3d 1216 (1993)

Peter ROSETTI; Mary Doe, individually and on behalf of all others similarly situated v. Donna SHALALA, Secretary of Health and Human Services, Peter Rosetti and Mary Doe, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 15, 1993.

Sur Petition for Rehearing March 9, 1994.

Attorney(s) appearing for the Case

Catherine C. Carr (Argued), James M. Lafferty, Marian C. Nowell and Thomas D. Sutton, Community Legal Services, Philadelphia, PA, for appellants.

Howard S. Scher (Argued), Leonard Schaitman, U.S. Dept. of Justice, Civil Div., Appellate Staff, Washington, DC, for appellee.

Before: GREENBERG, NYGAARD and LEWIS, Circuit Judges.

OPINION OF THE COURT

LEWIS, Circuit Judge.

The plaintiffs in this case, Peter Rosetti and a woman using the pseudonym Mary Doe, filed a class action complaint alleging that the Secretary of Health and Human Services ("the Secretary") had violated the Administrative Procedures Act ("APA"), 5 U.S.C. § 551 et seq., by using invalid rules and policies to determine whether people infected with the human...

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