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KISTNER v. CALIFANO

No. 77-3192.

579 F.2d 1004 (1978)

Helen C. KISTNER, Plaintiff-Appellant, v. Joseph A. CALIFANO, Secretary, Dept. of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 14, 1978.

As Amended August 2, 1978.

Attorney(s) appearing for the Case

William S. Wyler, Boyd, Wyler & McKew, Cincinnati, Ohio, for plaintiff-appellant.

William W. Milligan, James C. Cissell, U. S. Attys., Anthony W. Nyktas, Asst. U. S. Atty., Cincinnati, Ohio, Ronald R. Glancz, Mary Gallagher, Dept. of Justice, Washington, D. C., for defendant-appellee.

Before PHILLIPS, Chief Judge, and LIVELY and KEITH, Circuit Judges.

PER CURIAM.

This is an appeal from the district court's sua sponte grant of summary judgment to the Secretary of Health, Education and Welfare on this claim for social security disability insurance benefits. We vacate the judgment of the district court and remand this case for further proceedings.

On June 3, 1976, plaintiff filed an action in the district court for judicial review pursuant to 42 U.S.C. § 405(g) (1970) of the Secretary's final decision...

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