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WILSON v. SULLIVAN

Civ. A. No. 83-3771(SSB).

734 F.Supp. 157 (1990)

John WILSON and Mary Christopher, on their own behalf and on behalf of others similarly situated, Plaintiffs, v. Hon. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant.

United States District Court, D. New Jersey.

Original Order Vacated and Amended Order Entered March 30, 1990.

Attorney(s) appearing for the Case

Jan R. Evans, P.A. by Richard E. Yaskin, Medford, N.J., for plaintiffs.

Samuel A. Alito, Jr., U.S. Atty. by Peter G. O'Malley, Sp. Asst. U.S. Atty., Newark, N.J., (Barbara Lewis Spivak, Deputy Chief Counsel, Sandra M. Grossfeld, Asst. Regional Counsel, Dept. of Health and Human Services, Office of Gen. Counsel, New York Regional Office, New York City, of counsel), for defendant.

OPINION

BROTMAN, District Judge.

On March 29, 1989, this court entered an order to show cause why plaintiffs' complaint in this class action lawsuit should not be dismissed in light of the Supreme Court's recent decision in Bowen v. Yuckert, 482 U.S. 137, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987), which held that the Secretary's severity regulation, step two of his five-step sequential evaluation process for determining...

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