SHRADER v. HARRIS

No. 79-1538.

631 F.2d 297 (1980)

Claude Danny SHRADER, Appellant, v. Patricia R. HARRIS, Secretary of Health, Education & Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 26, 1980.


Attorney(s) appearing for the Case

Michael F. Gibson, Princeton, W. Va. (Johnston, Holroyd & Gibson, Princeton, W. Va., on brief), for appellant.

Edith Ho, Asst. Regional Atty., Dept. of HEW, Philadelphia, Pa. (Stephanie W. Naidoff, Regional Atty., Gary S. Turetsky, Asst. Regional Atty., Region III, Dept. of HEW, Philadelphia, Pa., E. Montgomery Tucker, U. S. Atty., Roanoke, Va., Faye S. Ehrenstamm, Asst. U. S. Atty., Roanoke, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BUTZNER and WIDENER, Circuit Judges.


BUTZNER, Circuit Judge:

Claude Danny Shrader appeals from an order of the district court which dismissed for lack of jurisdiction his action to review the Secretary's summary dismissal of his fourth Social Security disability claim. The Secretary ruled that the doctrine of res judicata barred a hearing on the claim. We reverse the district court's order and direct the Secretary to conduct an evidentiary hearing to determine...

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