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BROWN v. HARRIS

No. 80-1260.

669 F.2d 911 (1981)

Thomas BROWN, Appellant, v. Patricia R. HARRIS, Secretary of Health, Education & Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 3, 1981.

Attorney(s) appearing for the Case

Edward M. Wayland, Charlottesville, Va. (Scott W. Williams, Charlottesville-Albemarle Legal Aid Society, Charlottesville, Va., on brief), for appellant.

Fred Marinucci, Asst. Regional Atty., Philadelphia, Pa. (Stephanie W. Naidoff, Regional Atty., Edith Ho, Asst. Regional Atty., Dept. of Health & Human Services, Philadelphia, Pa., John S. Edwards, U.S. Atty., Robert S. Stubbs, Asst. U.S. Atty., Roanoke, Va., on brief), for appellee.

Before RUSSELL, MURNAGHAN and ERVIN, Circuit Judges.

ERVIN, Circuit Judge:

Thomas Brown appeals an order of the district court dismissing for lack of jurisdiction his action to review the dismissal by the Secretary of Health, Education & Welfare of his third application for disability benefits under Title II of the Social Security Act, 42 U.S.C. § 401 et seq. The Secretary ruled that the doctrine of administrative res judicata barred a hearing on the claim. We affirm the district court's order...

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