No. 72-3805.

485 F.2d 696 (1973)

Joseph P. BARFIELD, Plaintiff-Appellee, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 17, 1973.

Attorney(s) appearing for the Case

John W. Stokes, Jr., U. S. Atty., Charney K. Berger, Asst. U. S. Atty., Atlanta, Ga., Kathryn H. Baldwin, Eric B. Chaikin, Eloise E. Davies, Dept. of Justice, Washington, D. C., for defendant-appellant.

H. H. Gearinger, Chattanooga, Tenn., for plaintiff-appellee.

Before GEWIN, AINSWORTH and MORGAN, Circuit Judges.


A Social Security claimant filed this suit in the district court to review a decision of the Secretary in which he declined to reopen a claim for disability benefits. In the prior hearing on the claim the Secretary had denied further benefits to plaintiff. The present suit was predicated on the provisions of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), and section 10 of the Administrative Procedure Act, 5 U.S.C. § 704.

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