Eliza M. Woodson v. Richard S. Schweiker, Secretary of Health and Human Services

Fifth Circuit

Eliza M. Woodson v. Richard S. Schweiker, Secretary of Health and Human Services

671 F.2d 118, 1982 U.S. App. LEXIS 21053

Court of Appeals for the Fifth Circuit·Decided March 12, 1982·No. 78-3214·Published·Cited by 4 cases

Opinion

PER CURIAM:

The Petition for Rehearing is DENIED, 455 F.Supp. 457, and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 16) the Suggestion for Rehearing En Banc is DENIED.

THORNBERRY, Circuit Judge, dissents from the denial of the petition for rehearing.

GARWOOD, Circuit Judge, dissents from the denial of the petition for rehearing en banc being of the opinion that the correct construction of the Act is as set forth in Martin v. Harris, 653 F.2d 428 (10th Cir. 1981).

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PER CURIAM:

The Petition for Rehearing is DENIED, 455 F.Supp. 457, and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 16) the Suggestion for Rehearing En Banc is DENIED.

THORNBERRY, Circuit Judge, dissents from the denial of the petition for rehearing.

GARWOOD, Circuit Judge, dissents from the denial of the petition for rehearing en banc being of the opinion that the correct construction of the Act is as set forth in Martin v. Harris, 653 F.2d 428 (10th Cir. 1981).

Eliza M. Woodson v. Richard S. Schweiker, Secretary of Health and Human Services, 671 F.2d 118, 1982 U.S. App. LEXIS 21053 (5th Cir. 1982).

Pincite

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Opinion

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