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GOULD v. SHALALA

No. 92-4338.

30 F.3d 714 (1994)

Rhonda GOULD, Plaintiff-Appellee, Richard Conkey, Sr.; Shawn Spencer; and Theodora Lowe, Intervenors-Appellees, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 27, 1994.

Rehearing and Suggestion for Rehearing Denied October 13, 1994.

Attorney(s) appearing for the Case

Thomas W. Weeks, Ohio State Legal Services Ass'n, Columbus, OH, David B. Dawson, Legal Aid Soc. of Cleveland, Cleveland, OH, Anne Sessums Rubin (argued and briefed), Southeastern Ohio Legal Service, Athens, OH, for Rhonda Gould.

Susan E. Morgenstern, Legal Aid Soc., Cleveland, OH, for Richard Conkey, Sr., Shawn Spencer, and Theodora Lowe.

William Kanter (argued), U.S. Dept. of Justice, Civ. Div., Appellate Staff, Patricia A. Millett, Malcolm L. Stewart (briefed), Washington, DC, for Secretary of Health and Human Services.

Before: MERRITT, Chief Judge; and GUY and BOGGS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 13, 1994.*

RALPH B. GUY, J., Circuit Judge, delivered the opinion of the court, in which MERRITT, Chief Judge, joined. BOGGS, Circuit Judge (pp. 721-22), delivered a separate dissenting opinion.

GUY, RALPH B. JR., Circuit Judge.

Defendant, the Secretary of Health and Human Services ("Secretary"),1 appeals the district court's decision...

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