Legal Opinion

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

Court of Appeals for the Fifth Circuit

Decided March 12, 1982No. 78-3214PublishedCited by 4 opinions

1Per 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.

2DissentThornberry, Circuit Judge

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).

3Cases cited2 opinions

  1. Betty Lou Martin v. Patricia Roberts Harris, Secretary of Health and Human ServicesCourt of Appeals for the Tenth Circuit · 1981
  2. Woodson v. CalifanoDistrict Court, S.D. Texas · 1978

4Cited by4 opinions

  1. Sarah CAPITANO, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, AppelleeCourt of Appeals for the Second Circuit · 1984
  2. Isaacs v. KempCourt of Appeals for the Eleventh Circuit · 1986
  3. Carl J. Isaacs and George Elder Dungee v. Ralph Kemp, Warden, Georgia State Prison, Carl J. Isaacs v. Ralph Kemp, Warden, Georgia State Prison, Wayne Carl Coleman v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, George Elder Dungee v. Ralph Kemp, Warden, Georgia State PrisonCourt of Appeals for the Eleventh Circuit · 1986
  4. Sarah CAPITANO, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, AppelleeCourt of Appeals for the Second Circuit · 1984