GOSNELL v. CALIFANO

No. 78-3454.

625 F.2d 744 (1980)

William F. GOSNELL, Plaintiff-Appellee, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education & Welfare, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 8, 1980.

Rehearing Denied August 21, 1980.


Attorney(s) appearing for the Case

James C. Cissell, U. S. Atty., Terry W. Lehmann, Asst. U. S. Atty., Dayton, Ohio, Joseph E. Kane, Asst. U. S. Atty., Columbus, Ohio, for defendant-appellant.

Steven B. Horenstein, Legler, Lang & Kuhns, Bruce I. Nicholson, Dayton, Ohio, for plaintiff-appellee.

Before ENGEL, MERRITT and JONES, Circuit Judges.


PER CURIAM.

The issue on appeal here is whether the Secretary's decision not to reopen two of Gosnell's prior applications for Social Security disability benefits is reviewable. The District Court assumed jurisdiction over the refusal to reopen, and granted summary judgment to Gosnell. Because the refusal to reopen was not subject to judicial review, this Court reverses the judgment of the District Court.

Gosnell injured his lower back in a 1963 auto accident...

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