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EVANGELISTA v. SECRETARY OF H.H.S.

No. 87-1058.

826 F.2d 136 (1987)

Samuel C. EVANGELISTA, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 11, 1987.

Attorney(s) appearing for the Case

William R. Sullivan and Sullivan & Sullivan, Wakefield, Mass., on brief, for plaintiff, appellant.

Paul Germanotta, Asst. Gen. Counsel, Dept. of Health and Human Services, Frank L. McNamara, Jr., U.S. Atty., and Peter E. Gelhaar, Asst. U.S. Atty., Boston, Mass., on brief, for defendant, appellee.

Before CAMPBELL, Chief Judge, COFFIN and SELYA, Circuit Judges.

SELYA, Circuit Judge.

Claimant Samuel C. Evangelista appeals from a decision of the United States District Court for the District of Massachusetts. The district court refused to remand this social security case to the Secretary of Health and Human Services (Secretary) for the taking of new evidence, and dismissed the complaint. Evangelista argues that he satisfied the requirements for remand under 42 U.S.C. § 405(g)...

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