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LUMSDEN v. CALIFANO

No. CIV 78-085-TUC-RMB.

479 F.Supp. 839 (1979)

Viola W. LUMSDEN, Plaintiff, v. Joseph A. CALIFANO, Secretary of Health, Education and Welfare, Defendant.

United States District Court, D. Arizona.

November 20, 1979.

Attorney(s) appearing for the Case

David C. Bartlett of Davis & Eppstein, P. C., Tucson, Ariz., for plaintiff.

Michael D. Hawkins, U. S. Atty., Stephen M. McNamee, Asst. U. S. Atty., District of Arizona, Tucson, Ariz., for defendant; Randolph W. Gaines, Chief of Litigation, Washington, D. C., Joseph S. Friedman, Atty., Dept. of Health, Education and Welfare, Baltimore, Md., of counsel.

ORDER

BILBY, District Judge.

The defendant's renewed Motion to Dismiss plaintiff's Complaint raises a narrow question as to the constitutionality of the application of administrative res judicata. On April 30, 1979, this Court, the Honorable Bruce Thompson presiding, heard argument on defendant's first Motion to Dismiss for lack of jurisdiction. Judge Thompson dismissed the Complaint but allowed plaintiff thirty days to amend the Complaint to allege a constitutional...

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