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FAIR v. SHALALA

No. 93-3329.

37 F.3d 1466 (1994)

Olean F. FAIR, individually and on behalf of others similarly situated, Dixie Foster, Plaintiffs-Appellees, v. Donna SHALALA, Defendant-Appellant. Dixie FOSTER, Plaintiff-Appellee, v. Donna SHALALA, Secretary, Department of Health & Human Services of the United States, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 14, 1994.

Attorney(s) appearing for the Case

Jennifer H. Zacks, Dept. of Justice, Washington, DC, for appellant.

Nancey G. Penner, Suzanne Harris, Florida Rural Legal Services, Inc., Lakeland, FL, Sarah H. Bohr, Jacksonville Area Legal Aid, Inc., Jacksonville, FL, for appellees.

Before HATCHETT and BLACK, Circuit Judges, and YOUNG, Senior District Judge.

BLACK, Circuit Judge:

Defendant-Appellant, Donna Shalala, Secretary, Department of Health and Human Services (Secretary), appeals the district court's order granting summary judgment in favor of the plaintiff class, declaring Social Security Ruling 82-31 (SSR 82-31) a violation of the Social Security Act, and enjoining application of SSR 82-31 to the plaintiff class.1 SSR 82-31 expresses the Secretary's determination that Veteran's Administration...

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