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GANEM v. HECKLER

No. 83-1990.

746 F.2d 844 (1984)

Alam GANEM, Appellant, v. Margaret HECKLER, Secretary of Health and Human Services.

United States Court of Appeals, District of Columbia Circuit.

Decided October 23, 1984.

Attorney(s) appearing for the Case

Michael V. Kowalski, Washington, D.C., with whom Mark Hanley Lipton, San Jose, Cal., was on the brief, for appellant.

John S. Koppel, Atty., Dept. of Justice, Washington, D.C., with whom Richard K. Willard, Acting Asst. Atty. Gen., Joseph diGenova, U.S. Atty., and Michael F. Hertz, Washington, D.C., were on the brief, for appellee. R. Craig Lawrence and Deborah A. Robinson, Asst. U.S. Attys., Washington, D.C., also entered appearances for appellee.

Before MIKVA, BORK and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

This appeal presents the recurring question of whether and under what circumstances a writ of mandamus is available to enforce the provisions of the Social Security Act. We hold that the Act does not preclude the exercise of mandamus jurisdiction and that the actions of the Secretary of Health and Human Services challenged in this case constitute...

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