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EMERSON v. RICHARDSON

No. 71-2142.

457 F.2d 1318 (1972)

Dorothy S. EMERSON, Appellant, v. Elliot L. RICHARDSON, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

March 27, 1972.

Attorney(s) appearing for the Case

John B. Culbertson, Greenville, S. C., on brief for appellant.

L. Patrick Gray, III, Asst. Atty. Gen., John K. Grisso, U. S. Atty., Kathryn H. Baldwin and Edwin E. Huddleson, III, Attys., Dept. of Justice, on brief for appellee.

Before WINTER, CRAVEN and BUTZNER, Circuit Judges.

PER CURIAM:

The Secretary of Health, Education and Welfare denied the second application of appellant, Dorothy S. Emerson, for social security disability benefits. Appellant sought review by the district court of the Secretary's decision and the Secretary moved for summary dismissal. Upon review of the administrative record, the district court determined that administrative res judicata was applicable under the facts of this case.

Upon examination and...

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