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LATONA v. SCHWEIKER

No. 1140, Docket 83-6015.

707 F.2d 79 (1983)

Joseph M. LATONA, Plaintiff-Appellant, v. Richard SCHWEIKER, as Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 16, 1983.

Attorney(s) appearing for the Case

Richard J. Lippes, Allen, Lippes & Shonn, Buffalo, N.Y., submitted a brief for plaintiff-appellant.

Salvatore R. Martoche, U.S. Atty., Kathleen M. Mehltretter, Asst. U.S. Atty., Buffalo, N.Y., submitted a brief for defendant-appellee.

Before LUMBARD, NEWMAN and PRATT, Circuit Judges.

PER CURIAM:

Joseph M. Latona appeals from a November 12, 1982, judgment of the District Court for the Western District of New York (John T. Elfvin, Judge) dismissing his complaint, which charged that the Secretary of Health and Human Services (the Secretary) improperly refused to reopen a prior final decision denying Latona's 1976 application for disability benefits made available pursuant to section 223 of the Social Security Act (the Act), 42 U.S.C. § 423 ...

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