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STAUFFER v. CALIFANO

No. 82-5368.

693 F.2d 306 (1982)

Edward A. STAUFFER, Appellant, v. Joseph A. CALIFANO, Secretary of Health, Education and Welfare of the United States.

United States Court of Appeals, Third Circuit.

Decided November 30, 1982.

Attorney(s) appearing for the Case

E. David Harr, Greensburg, Pa., for appellant.

David R. Culp, Acting Regional Atty., David L. Hyman, Asst. Regional Atty., Region III, Dept. of Health and Human Services, Philadelphia, Pa., J. Alan Johnson, U.S. Atty., Anthony M. Mariani, Asst. U.S. Atty., Pittsburgh, Pa., for appellee.

Before ALDISERT, SLOVITER and ROSENN, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) November 18, 1982.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal by an unsuccessful claimant for disability benefits requires us to determine if the district court properly dismissed his petition in which he sought review of the Secretary of Health, Education and Welfare's decision not to reopen appellant's claim. The United States magistrate, to whom the case was referred, determined that, under...

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