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DELAMATER v. SCHWEIKER

No. 1440, Docket 83-6029.

721 F.2d 50 (1983)

Paul J. DELAMATER, Plaintiff-Appellant, v. Richard SCHWEIKER, in his official capacity as Secretary of the United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 25, 1983.

Attorney(s) appearing for the Case

Gary J. Grayson, Walton, N.Y., for plaintiff-appellant.

Frederick J. Scullin, Jr., U.S. Atty., N.D.N.Y., Albany, N.Y., Nancy S. Jones, Asst. U.S. Atty., Syracuse, N.Y., for defendant-appellee.

Before FRIENDLY, KEARSE and CARDAMONE, Circuit Judges.

PER CURIAM:

The significant issue presented by this appeal is whether, in a proceeding to terminate social security disability benefits, the Secretary of Health and Human Services ("Secretary") may be bound by his prior administrative decision to award such benefits. Plaintiff Paul J. Delamater appeals from a judgment of the United States District Court for the Northern District of New York, Howard G. Munson, Chief Judge, dismissing his complaint for review...

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