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DeLOATCHE v. HECKLER

No. 83-1096.

715 F.2d 148 (1983)

Elizabeth DeLOATCHE, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services of the United States, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 22, 1983.

Attorney(s) appearing for the Case

Jonathan R. Harkavy, Greensboro, N.C. (Henry N. Patterson, Jr., Smith, Patterson, Follin, Curtis, James & Harkavy, Raleigh, N.C., on brief), for appellant.

Haila N.K. Coleman, Asst. Regional Atty., Dept. of Health and Human Services, Washington, D.C., Kimberly Hall, Third Year Law Student (J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Samuel T. Currin, U.S. Atty., Raleigh, N.C., Carl H. Harper, Regional Atty., F. Allen McDonogh, Supervisory Atty., Atlanta, Ga., on brief), for appellee.

Before SPROUSE and ERVIN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

ERVIN, Circuit Judge:

Elizabeth S. DeLoatche was denied disability benefits by the Secretary after a hearing by an administrative law judge (ALJ). She then filed the present action, and subsequently both parties moved for judgment on the pleadings. A United States magistrate found significant faults in the Secretary's decision and recommended a remand, but the district court sustained the Secretary's objections to the magistrate's report and dismissed the complaint...

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