TREADWELL v. SCHWEIKER

No. 564, Docket 82-6124.

698 F.2d 137 (1983)

Margaret TREADWELL, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 11, 1983.


Attorney(s) appearing for the Case

Farmworker Legal Services of New York, Inc., Newburgh, N.Y. (Howard Schell Reilly, Thomas A. Harnett, Newburgh, N.Y., of counsel), for plaintiff-appellant.

John S. Martin, Jr., U.S. Atty., S.D.N.Y. (J.D. Pope, Peter C. Salerno, Asst. U.S. Attys., New York City, of counsel), for defendant-appellee.

Before KAUFMAN, TIMBERS and CARDAMONE, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge:

The case before us presents a somewhat ironic situation. The failure to employ available procedures, and the resulting non-enforcement of administrative subpoenas, appears to have stemmed not from absence of sympathy to the claimant's position, but from a lack of understanding how to proceed. As the facts indicate, the error of omission led to other procedural infirmities, and ultimately to a deprivation of due process. Accordingly...

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