Legal Opinion

Joseph Wayne Floyd v. Otis R. Bowen, M.D., Secretary of Health and Human Services

Court of Appeals for the Fifth Circuit

Decided January 28, 1988No. 86-1671PublishedCited by 47 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

The named appellants, each of whom had applied for or were receiving social security benefits subsequent to July 11,1978 1 , filed this class action for declaratory and injunctive relief against the Secretary of Health and Human Services (“Secretary”) and the Commissioner of the Texas Rehabilitation Commission (“TRC”). Their complaint alleged “non-acquiescence” in the law of the Fifth Circuit relating to eligibility for Title II or Title XVI social security benefits. Specifically, appellants asserted that the Secretary, through its regulations and evaluation…

2Cases cited27 opinions

  1. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  2. Bowen v. City of New YorkSupreme Court of the United States · 1986
  3. Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
  4. Moore v. OgilvieSupreme Court of the United States · 1969
  5. Finberg v. SullivanCourt of Appeals for the Third Circuit · 1980

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3Cited by47 opinions

  1. Kernis J. JOHNSON, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1988
  2. Carol A. HOLLIS, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1988
  3. Texas Commerce Bank, N.A. v. Grizzle Ex Rel. GrizzleTexas Supreme Court · 2002
  4. Robert J. ANDERSON Jr., Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1989
  5. Jack R. Salley, Individually and on Behalf of His Minor Daughter, Danielle Salley, Cross-Appellants. v. E.I. Dupont De Nemours & Co., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1992

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