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JOHNSON v. SHALALA

No. 92-35507.

2 F.3d 918 (1993)

Gale R. JOHNSON, Plaintiff-Appellee, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 6, 1993.

Attorney(s) appearing for the Case

Stuart M. Gerson, Asst. Atty. Gen., Barbara Biddle and Howard S. Scher, U.S. Dept. of Justice, Washington, DC, for defendant-appellant.

Randall W. Robinson, Idaho Legal Aid Services, Inc., Lewiston, ID, for plaintiff-appellee.

Gill Deford and Kim Savage, National Senior Citizens Law Center, Los Angeles, CA, for plaintiff-appellee.

Before: GOODWIN, FARRIS, and PREGERSON, Circuit Judges.

FARRIS, Circuit Judge:

The Secretary of Health and Human Services appeals the decision of the district court granting summary judgment in favor of plaintiffs Tracy Defrance and Sandy Johnson (class representatives). The Secretary argues that the district court erred in certifying a class that included individuals who failed to meet either the 60-day limitations period or the exhaustion requirement in 42 U.S.C. § 405(g) (1988). We affirm in part and reverse in...

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