U.S. Court of Appeals for the Ninth Circuit, 1987

Warren v. Bowen

U.S. Court of Appeals for the Ninth Circuit · Decided May 6, 1987 · Kozinski, Sneed, Wright

817 F.2d 63; 1987 U.S. App. LEXIS 17815 (Federal Reporter, Second Series)

Counsel

Legal Assistance for the Elderly, Brent Kato and Francine Zepeda, San Francisco, Cal., for plaintiff-appellant., Department of Health and Human Services, Gregg A. Frampton, Asst. Regional Atty., San Francisco, Cal, for defendantappellee.

Cases that cite this one

1 later published case cites this decision.

C.M. Higbee v. Louis W. Sullivan, M.D., Secretary of Health and Human Services (9th Cir. 1991)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

ORDER

The opinion in this case is amended by deleting the current language, beginning with “eliminate the presumption,” Warren, 804 F.2d 1120, 1121 (9th Cir. 1986); and replacing it with the following:

“codify the presumption that Patti created. See 42 U.S.C.A. § 1382c(a)(5) (1983 Supp. 1986). We must now look to the statute and the regulations for guidance. These support the Secretary’s position.

AFFIRMED.”

The petition for rehearing en banc is otherwise denied.

The full court was advised of the suggestion for rehearing en banc. No active judge having requested a vote on whether to rehear the matter en banc, the suggestion is rejected. Fed.R.App.P. 35.

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