MEDELLIN v. SHALALA

No. 93-2231.

23 F.3d 199 (1994)

Sonia MEDELLIN, individually and on behalf of all others similarly situated; Mary Bowers, individually and on behalf of all others similarly situated; Ronald Trotter, individually and on behalf of all others similarly situated; Donald Langley, individually and on behalf of all others similarly situated, Appellees, v. Donna E. SHALALA, Secretary of Health and Human Services, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 28, 1994.

Rehearing Denied June 2, 1994.

As Corrected June 8, 1994.


Attorney(s) appearing for the Case

Malcolm L. Stewart, Washington, DC, argued (Stuart E. Schiffer, Michael A. Jones, William Kanter and Malcolm L. Stewart, on the brief), for appellant.

Maria T. Dugan, Kansas City, MO, argued, for appellee.

Before MAGILL and BEAM, Circuit Judges, and VAN SICKLE, Senior District Judge.


MAGILL, Circuit Judge.

In this class action resulting in a recalculation of Supplemental Security Income (SSI) benefits with respect to "unearned income," the Secretary of Health and Human Services (the Secretary) appeals from the district court's order defining the scope of the certified class. Because the district court included claimants with time-barred claims (lapsed claims) in the certified class and equitable tolling cannot justify their inclusion, we reverse...

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