GRANT v. SHALALA

No. 91-5675.

989 F.2d 1332 (1993)

Lois M. GRANT, on behalf of herself and all other similarly situated persons v. Donna E. SHALALA, Secretary of Health and Human Services, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 5, 1993.

Sur Petition for Rehearing April 7, 1993.


Attorney(s) appearing for the Case

Stuart M. Gerson, Asst. Atty. Gen., James J. West, U.S. Atty., William Kanter, Robert M. Loeb (argued), Attys., Appellate Staff, Civ. Div., Dept. of Justice, Washington, DC, for appellant.

Peter Zurflieh, Lawrence E. Norton, II (argued), Central Pennsylvania Legal Services, Harrisburg, PA, Louise O. Knight, Clement and Knight, Lewisburg, PA, for appellees.

Pamela Walz, Thomas D. Sutton, Community Legal Services, Inc., Philadelphia, PA, for amicus curiae, Jane Doe.

Jonathan A. Weiss, Toby Golick, David S. Udell, New York City, for amici curiae, Claudia Kendrick and Legal Services for the Elderly.

Before: HUTCHINSON, ALITO, and HIGGINBOTHAM, Circuit Judges.


OPINION OF THE COURT

ALITO, Circuit Judge:

This is an interlocutory appeal in a class action brought pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). The question presented is whether the district court may hold a trial and make its own findings of fact regarding the alleged general bias of a Department of Health and Human Services (HHS) administrative law judge (ALJ) or whether the court must instead review the Secretary's...

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