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ENSEY v. RICHARDSON

No. 72-1850.

469 F.2d 664 (1972)

Paul R. ENSEY, Plaintiff-Appellee, v. Elliott RICHARDSON, etc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 31, 1972.

Attorney(s) appearing for the Case

Dwayne Keyes, U. S. Atty., William B. Shubb, Chief Asst. U. S. Atty., Sacramento, Cal., Harlington Wood, Jr., Asst. Atty. Gen.; Kathryn H. Baldwin, Joseph B. Scott, Washington, D. C., for defendant-appellant.

O. J. Solander, Loren Mitchell, of Legal Aid Society of Sacramento, Sacramento, Cal., for plaintiff-appellee.

Before BROWNING, DUNIWAY and HUFSTEDLER, Circuit Judges.

DUNIWAY, Circuit Judge:

The Secretary challenges the district court's order that he allow Ensey additional time to seek review of an administrative decision denying disability insurance benefits.

An application for benefits filed by Ensey was ordered dismissed by the Hearing Examiner on March 8, 1971. The order was mailed to Ensey, 20 C.F. R. 404.937(a), along with notice of his right, within 60 days, to request review by the Appeals Council. No such request...

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