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EASLEY v. FINCH

No. 13852.

431 F.2d 1351 (1970)

John EASLEY, Appellee, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 8, 1970.

Attorney(s) appearing for the Case

Kathryn H. Baldwin, Atty., Dept. of Justice (William D. Ruckelshaus, Asst. Atty. Gen., Norman G. Knopf, Atty., Dept. of Justice, and Wade H. Ballard, III, U. S. Atty., on brief), for appellant.

Samuel W. Price, Oak Hill, W. Va., for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and BUTZNER, Circuit Judges.

HAYNSWORTH, Chief Judge:

The Secretary appeals from the District Court's decision holding the doctrine of administrative res judicata inapplicable to the plaintiff's application for review of his claim of disability and ordering the payment of disability benefits. We reverse.

Easley has filed four separate applications for Social Security disability benefits. The first, filed in October 1960, claimed disability as of December 1959 due to asthma. His...

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