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ZINMAN v. SHALALA

No. 94-15198.

67 F.3d 841 (1995)

Florence ZINMAN; Virginia Kropf; Grace M. Lee; Marjorie Thompson; Mary Buffalo; Cecil A. Ridley and Ada G. Ellman, individually and on behalf of a class of persons similarly situated, Plaintiffs-Appellants, v. Donna E. SHALALA, Secretary, Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 5, 1995.

Attorney(s) appearing for the Case

Sally Hart Wilson, Center for Medical Advocacy, Tucson, Arizona, and Lenore E. Gerard, Legal Assistance to the Elderly, Inc., San Francisco, California, for plaintiffs-appellants.

Matthew M. Collette, United States Department of Justice, Washington, DC, for defendant-appellee.

Before: H. CHOY, BEEZER and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

A nationwide class of Medicare beneficiaries who received or will receive lump-sum insurance settlement awards from third parties in connection with Medicare-covered injuries (beneficiaries) appeal the district court's grant of summary judgment in favor of the Secretary of Health and Human Services (HHS). The beneficiaries sued HHS, claiming that under Title XVIII of the Social Security Act, 42 U.S.C. § 1395, et seq.,...

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