HATCHELL v. HECKLER

No. 81-5577 Non-Argument Calendar.

708 F.2d 578 (1983)

Carlyle W. HATCHELL, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 27, 1983.


Attorney(s) appearing for the Case

Garlyle W. Hatchell, pro se.

William C. Davis, Jr., Jacksonville, Fla., for plaintiff-appellant.

John E. Lawlor, III, Asst. U.S. Atty., Jacksonville, Fla., for defendant-appellee.

Before GODBOLD, Chief Judge, FAY and HILL, Circuit Judges.


PER CURIAM:

In this Social Security Act case, 42 U.S.C. Sec. 405(g), the government moved in the district court to dismiss plaintiff's petition for review because it was not timely filed. The government has not quite confessed error but almost. It has not filed a brief but a written statement setting out that it did not know the full facts at the time it filed a motion to dismiss; it cites to this court cases supporting plaintiff's argument that his petition was timely...

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