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STEINHOFF v. HARRIS

No. 81-1011.

698 F.2d 270 (1983)

Dorothy STEINHOFF, Plaintiff-Appellant, v. Patricia R. HARRIS, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 17, 1983.

Rehearing Denied April 1, 1983.

Attorney(s) appearing for the Case

Bruce L. Jerris (argued), Levine & Banjamin, Detroit, Mich., for plaintiff-appellant.

Richard A. Rossman, U.S. Atty., Hayward L. Draper, Elizabeth Wild (argued), Detroit, Mich., for defendant-appellee.

Before GEORGE CLIFTON EDWARDS, Jr., Chief Circuit Judge, JONES and NICHOLS, Circuit Judges.

NICHOLS, Circuit Judge.

Under circumstances to be stated, a United States District Judge entered a judgment, 502 F.Supp. 1313, awarding disability benefits to a Social Security claimant, and later reversed himself, holding for defendant, on the basis of a motion under authority, ostensibly of Fed.R.Civ.P. 60(b). We hold the motion was made too late and allowance of it was an abuse of discretion.

Plaintiff-Appellant [hereinafter...

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