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NEWHOUSE v. HECKLER

No. 84-1085.

753 F.2d 283 (1985)

NEWHOUSE, Patricia, Appellant, v. HECKLER, Margaret, Secretary Department of Health and Human Services, Appellee.

United States Court of Appeals, Third Circuit.

Decided January 23, 1985.

Attorney(s) appearing for the Case

Stephen H. Skale (argued), Cavaliere & Skale, P.C., Philadelphia, Pa., for appellant.

Edward S.G. Dennis, Jr., U.S. Atty., Margaret L. Hutchinson, Asst. U.S. Atty., E.D. Pa., Philadelphia, Pa., Beverly Dennis, III, Regional Atty., Philadelphia, Pa., Charlotte Hardnett, Asst. Regional Atty., Washington, D.C. (argued), Dept. of Health and Human Services, for appellee.

Before GIBBONS and GARTH, Circuit Judges, and Rosenn, Senior Circuit Judge.

OPINION OF THE COURT

GARTH, Circuit Judge:

Patricia Newhouse, a disability claimant who contended that her disability benefits were improperly terminated, appealed an order of the district court which granted summary judgment in favor of the Secretary of Health and Human Services. During the pendency of this appeal, Newhouse died. Because her estate claims to have a valid persisting claim if the termination of benefits was improper,1

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