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SHELTON v. SECRETARY OF HEALTH, EDUCATION AND WELFARE

No. 18146.

428 F.2d 81 (1970)

Agatha SHELTON v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, United States of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 4, 1970.

Attorney(s) appearing for the Case

Kathryn H. Baldwin, Civil Division, Dept. of Justice, Washington, D. C. (William D. Ruckelshaus, Asst. Atty. Gen., Richard L. Thornburgh, U. S. Atty., William D. Appler, Atty., Department of Justice, Washington, D. C., on the brief), for appellant.

Herbert B. Lebovitz, Lebovitz & Lebovitz, Pittsburgh, Pa., for appellee.

Before KALODNER and VAN DUSEN, Circuit Judges, and FULLAM, District Judge.

OPINION OF THE COURT

KALODNER, Circuit Judge.

This is an appeal by the Secretary of Health, Education and Welfare from an Order denying the Secretary's motion for summary judgment; reversing the Secretary's decision not to reopen a prior final decision denying claimant disability insurance benefits; and remanding the cause to the Secretary with directions to grant claimant the relief she sought.

The record discloses that claimant, Agatha Shelton...

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