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LEWIS v. CALIFANO

No. 79-1739.

616 F.2d 73 (1980)

LEWIS, Mamie A., Appellant, v. CALIFANO, Joseph, Jr., Secretary of the United States Department of Health, Education and Welfare (D.C. Civil No. 78-0861).

United States Court of Appeals, Third Circuit.

Decided February 21, 1980.

Attorney(s) appearing for the Case

Kenneth A. Wise (Argued), Harrisburg, Pa., and William C. Anderson, York, Pa., for appellant.

Charles M. O'Malley, Jr., U.S. Atty., Paul J. Killion, Asst. U.S. Atty., Harrisburg, Pa., and Stephanie W. Naidoff, Regional Atty., David R. Culp, Deputy Regional Atty. (Argued), Joseph M. Masiuk, Asst. Regional Atty., Karen Pushaw, Legal Asst., Dept. of Health, Education and Welfare, Philadelphia, Pa., for appellee.

Before ALDISERT, VAN DUSEN and HUNTER, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

In this appeal, Mamie Lewis challenges the district court's grant of summary judgment for defendant, including its holding that her religious beliefs do not qualify as good cause for her decision to decline remedial surgery under 20 C.F.R. § 404.1507 (1977), and the conclusion of the Department of Health, Education and Welfare (HEW) that she is not disabled within the meaning of 42 U.S.C. §...

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