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BARNETT v. BOWEN

Civ. A. Nos. 74-270, 78-266.

665 F.Supp. 1096 (1987)

Carroll BARNETT, et al. v. Otis R. BOWEN, in his official capacity as Secretary, Department of Health & Human Services. Leon S. DAY, et al. v. Otis R. BOWEN, in his official capacity as Secretary, Department of Health & Human Services.

United States District Court, D. Vermont.

July 8, 1987.

Attorney(s) appearing for the Case

Thomas F. Garrett, Vermont Legal Aid, Inc., Burlington, Vt., for plaintiffs.

Gena E. Cadieux, Federal Programs Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., Kenneth J. Melilli, Asst. U.S. Atty., Rutland, Vt., for defendant.

MEMORANDUM OF DECISION

HOLDEN, Senior District Judge.

Following the decision of the Supreme Court in Heckler v. Day, 467 U.S. 104, 104 S.Ct. 2249, 81 L.Ed. 2088 (1984), the Court of Appeals for the Second Circuit has remanded these consolidated actions to this court to apply broad equitable power to design appropriate class-wide declaratory and injunctive relief to remedy violations of plaintiffs' clearly established...

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