McGOWEN v. HARRIS

No. 80-1557.

666 F.2d 60 (1981)

Osmund McGOWEN, Appellant, v. Patricia R. HARRIS, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 10, 1981.

Rehearing and Rehearing Denied February 1, 1982.


Attorney(s) appearing for the Case

Peter M. D. Martin, Dennis W. Carroll, Jr., Ethel Zelenske, Legal Aid Bureau, Inc., Baltimore, Md., on brief, for appellant.

Alice Daniel, Asst. Atty. Gen., Washington, D. C., Russell T. Baker, Jr., U. S. Atty., Randolph W. Gaines, Chief of Litigation, Stanley Ericsson, Dept. of Health and Human Services, Baltimore, Md., on brief, for appellee.

Before WIDENER and PHILLIPS, Circuit Judges, and RICHARD L. WILLIAMS, United States District Judge, sitting by designation.


Rehearing and Rehearing En Banc Denied February 1, 1982.

JAMES DICKSON PHILLIPS, Circuit Judge:

Osmund McGowen challenges the district court's dismissal of his action under 42 U.S.C. § 405(g), in which he sought judicial review of the administrative denial of surviving child's insurance benefits under the Social Security Act (Act). The district court held that it lacked subject matter jurisdiction to consider the action because the Secretary of Health...

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