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MIMMS v. HECKLER

No. 238, Docket 84-6173.

750 F.2d 180 (1984)

Alfred MIMMS, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 7, 1984.

Attorney(s) appearing for the Case

Ian Feldman, New York City (Kalman Finkel, David Goldfarb, The Legal Aid Society, Civil Division, New York City, of counsel), for plaintiff-appellant.

Donna H. Lieberman, Sp. Asst. U.S. Atty., S.D.N.Y., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Jane E. Booth, Asst. U.S. Atty., S.D.N.Y., New York City, of counsel), for defendant-appellee.

Before OAKES and WINTER, Circuit Judges, and CLARIE, District Judge.

CLARIE, District Judge.

Alfred Mimms appeals from the judgment of the United States District Court for the Southern District of New York, Gagliardi, J., upholding the denial by the Secretary of Health and Human Services of Mimms' application for disability benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-31. Having found that the Administrative Law Judge failed to adequately develop the record and that the Secretary failed to establish...

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