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ROWLAND v. CALIFANO

No. 78-2735. Summary Calendar.

588 F.2d 449 (1979)

Wilma ROWLAND, Plaintiff-Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 24, 1979.

Attorney(s) appearing for the Case

Jacob A. Rose, Florida Rural Legal Services, Inc., Belle Glade, Fla., for plaintiff-appellant.

Jack V. Eskenazi, U.S. Atty., Don R. Boswell, Asst. U.S. Atty., Miami, Fla., for defendant-appellee.

Before BROWN, Chief Judge, COLEMAN and VANCE, Circuit Judges.

PER CURIAM:

Appellant filed a request for judicial review of a final decision of the Secretary of Health, Education and Welfare.1 On the federal magistrate's recommendation, the District Judge dismissed the complaint, finding that appellant's having filed outside the sixty day statutory time period deprived the Court of jurisdiction. It appearing that the District Court failed to consider contrary authority in Weinberger v. Salfi,<...

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