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BIRON v. HARRIS

No. 80-1510.

668 F.2d 259 (1982)

John W. BIRON, Plaintiff-Appellant, v. Patricia Roberts HARRIS, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 15, 1982.

Rehearing Denied February 18, 1982.

Attorney(s) appearing for the Case

Randolph McCarthy, Jr., Kenneth Kobayashi, Kalamazoo, Mich., for plaintiff-appellant.

James S. Brady, U. S. Atty., Robert C. Greene, Asst. U. S. Atty., Grand Rapids, Mich., Randolph W. Gaines, Chief of Litigation, Andrew E. Wakshul, Atty., Dept. of Health, Ed. and Welfare, Baltimore, Md., Thomas Gezon, Washington, D. C., for defendant-appellee.

Before KENNEDY and MARTIN, Circuit Judges; and CECIL, Senior Circuit Judge.

PER CURIAM.

In this Social Security action plaintiff-appellant Biron seeks reversal of the District Court's order granting the motion to dismiss of the defendant-appellee, Secretary of Health, Education and Welfare, for failing to file his action with the court in a timely manner. We here affirm that order, finding that this court is without power to waive the filing limitation missed by the plaintiff and furthermore finding that the Secretary did not waive the limitation...

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