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FLORES v. HECKLER

No. 84-2583 Summary Calendar.

755 F.2d 401 (1985)

Manuel FLORES, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 18, 1985.

Attorney(s) appearing for the Case

Jeffrey J. Skarda, Gulf Coast Legal Foundation, Houston, Tex., for plaintiff-appellant.

Daniel K. Hedges, U.S. Atty., Pete Sandoval, C.J. (Neil) Calnan, James R. Gough, Asst. U.S. Attys., Houston, Tex., for defendant-appellee.

Before REAVLEY, POLITZ and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Manuel Flores, an unsuccessful claimant for Social Security disability benefits, raises both procedural and substantive challenges to a district court order affirming the Secretary, entered without notice to the parties and without a motion for summary judgment. We agree that the district court should have given the parties an opportunity to present their arguments before its ruling...

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