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CLARK v. ASTRUE

Docket No. 08-5801-cv.

602 F.3d 140 (2010)

Elaine CLARK, Raymond Giangrasso, Tony Gonzales, Johnny L. Heatherman, Monell White, individually, on behalf of themselves, and on behalf of all similarly situated, Plaintiffs-Appellants, v. Commissioner Michael J. ASTRUE, of the Social Security Administration, in his official capacity, Social Security Administration, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 19, 2010.

Attorney(s) appearing for the Case

Steven E. Obus, Bettina B. Plevan, Brian S. Rauch, Russel L. Hirschhorn, Proskauer Rose LLP, New York, N.Y.; Gerald A. McIntyre, National Senior Citizens Law Center, Los Angeles, CA; Jennifer J. Parish, Urban Justice Center, New York, NY, for Plaintiffs-Appellants.

John E. Gura, Jr., Assistant United States Attorney (David S. Jones, Assistant United States Attorney, of counsel), for Lev L. Dassin, Acting United States Attorney for the Southern District of New York, New York, NY, for Defendants-Appellees.

Catherine M. Callery, Lynda J. Fisher, Louise M. Tarantino, Empire Justice Center, Rochester, N.Y.; Linda Landry, Disability Law Center Inc., Boston, MA, for Amici Curiae Empire Justice, et al., in support of Plaintiff-Appellants.

Before: NEWMAN, CALABRESI, KATZMANN, Circuit Judges.

CALABRESI, Circuit Judge:

Plaintiffs below appeal from the decision of the United States District Court for the Southern District of New York (Stein J.) granting Defendants' motion for summary judgment and denying Plaintiffs' motion for summary judgment. The District Court's decision is VACATED and REMANDED for further proceedings consistent with this opinion.

BACKGROUND

Plaintiffs-Appellants Elaine Clark, Raymond Giangrasso, Tony Gonzales...

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