Arvil M. DAY, Rosetta Brown, Arleathea Clide, Margaret Kinsler, and the class they represent, Plaintiffs-Appellees, Cross-Appellants (92-4208),
v.
Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellant, Cross-Appellee (92-4209),
Leonard Herman and Linda Krauss, in their official capacities, Defendants-Appellants, Cross-Appellees (92-3963).
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued November 12, 1993.
Decided May 12, 1994.
Attorney(s) appearing for the Case
Nancy L. Brock, John E. Schrider (argued), Legal Aid Soc. of Cincinnati, Cincinnati, OH, for plaintiffs-appellees in No. 92-3963.
Frank A. Rosenfeld (argued and briefed), U.S. Dept. of Justice, Civil Div., William Kanter, U.S. Dept. of Justice, Civil Div., Appellate Staff, Washington, DC, for Secretary of Health and Human Services in No. 92-3963.
Rita S. Eppler (argued and briefed), Jack W. Decker (briefed), Office of the Atty. Gen. of Ohio, Columbus, OH, for Leonard Herman, Linda Krauss in Nos. 92-3963, 92-4208 and 92-4209.
Nancy L. Brock, John E. Schrider (argued and briefed), Karen Litkovitz, Legal Aid Soc. of Cincinnati, Cincinnati, OH, for Arvil Day and Rosetta Brown in Nos. 92-4208 and 92-4209.
Nancy L. Brock, John E. Schrider, Legal Aid Soc. of Cincinnati, Cincinnati, OH, for Arleathea Clide, Margaret Kinsler in Nos. 92-4208 and 92-4209.
Frank A. Rosenfeld (argued and briefed), U.S. Dept. of Justice, Civil Div., William Kanter, U.S. Dept. of Justice, Civil Div., Appellate Staff, Brian G. Kennedy, Karen Stewart, Victoria Rosenthal, U.S. Dept. of Justice, Civil Div., Washington, DC, for Secretary of Health and Human Services in Nos. 92-4208 and 92-4209.
Before: MILBURN and BATCHELDER, Circuit Judges, and COHN, District Judge.
United States Court of Appeals, Sixth Circuit.
COHN, District Judge, delivered the opinion of the court, in which MILBURN, Circuit Judge, joined.
BATCHELDER, Circuit Judge (pp. 1067-71), delivered a separate opinion concurring in part and dissenting in part.
I. INTRODUCTION
COHN, District Judge.
This is a class action social security case. Appellants, the Secretary of Health and Human Services (Secretary) and Ohio Bureau of Disability Determination (BDD), appeal the grant of class wide...
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