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JOHNSON v. BOWEN

No. 910, Docket 86-6233.

817 F.2d 983 (1987)

Carol A. JOHNSON (Magistro), Plaintiff-Appellee, v. Otis R. BOWEN, in his official capacity as Secretary of the United States Department of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 30, 1987.

Attorney(s) appearing for the Case

Gregory C. Sisk, Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C. (Richard K. Willard, Asst. Atty. Gen., John F. Cordes, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., Frederick J. Scullin, Jr., U.S. Atty., Syracuse, N.Y., on brief), for defendant-appellant.

Thad F. Sondej, Liverpool, N.Y. (Granito & Sondej, Liverpool, N.Y., on brief), for plaintiff-appellee.

Before MESKILL and NEWMAN, Circuit Judges, and BLUMENFELD, District Judge.

JON O. NEWMAN, Circuit Judge:

This appeal involves another in a long line of cases raising the issue whether the Department of Health and Human Services (HHS) is observing the treating physician rule in determining claims for disability benefits, see Schisler v. Heckler, 787 F.2d 76, 81 (2d Cir.1986). Otis R. Bowen, Secretary of HHS (Secretary), appeals from a judgment of the District Court for the Northern District of New...

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